ALLEN v. STATE

No. 2-02-309-CR.

149 S.W.3d 254 (2004)

Derrick Bernard ALLEN, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled September 30, 2004.


Attorney(s) appearing for the Case

Dean Swanda, Swanda & Swanda, P.C., Arlington, TX, for Appellant.

Tim Curry, Criminal District Attorney, Charles M. Mallin, Steven W. Conder, Jay Lapham and Michael Parrish, Asst. Criminal District Attys., Fort Worth, TX, for Appellee.

Panel F: DAUPHINOT, LIVINGSTON, and McCOY, JJ.


OPINION

PER CURIAM.

A jury convicted Appellant Derrick Bernard Allen of capital murder and, because the State did not seek the death penalty, the trial court sentenced Appellant to life imprisonment in the Institutional Division of the Texas Department of Criminal Justice. Appellant raises five issues on appeal, arguing that the evidence is legally and factually insufficient to support his conviction, the standard of review for factual sufficiency should...

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