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EX PARTE SMITH

No. 74228.

132 S.W.3d 407 (2004)

Ex parte Laroyce Lathair SMITH, Applicant.

Court of Criminal Appeals of Texas.

April 21, 2004.

Attorney(s) appearing for the Case

Jan E. Hemphill, Dallas, and Jordan M. Steikder, Austin, for Appellant.

Bill Hill, District Attorney, Dallas, Matthew Paul, State's Attorney, Austin, for State.

OPINION

COCHRAN, J., delivered the opinion of the Court, joined by KELLER, P.J., MEYERS, WOMACK and JOHNSON, JJ.

We deny habeas corpus relief in this case because there was no constitutional infirmity in applicant's capital-murder punishment-phase jury instructions. First, applicant's mitigation evidence was not Penry I evidence; therefore, the jury could give effect to this evidence within the scope...

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