OPINION
JOHN F. ONION, JR., Justice (Retired).
Appellant Edwin Delamora appeals his capital murder conviction for murdering a peace officer "who is acting in the lawful discharge of an official duty and who the person knows is a peace officer." Tex. Pen.Code Ann. § 19.03(a)(1) (West 2003). The jury found appellant guilty of capital murder as alleged. The State did not seek the death penalty....
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