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KEY v. STATE

No. 09-03-503 CR.

151 S.W.3d 619 (2004)

Jeffery Kyle KEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Delivered December 8, 2004.

Attorney(s) appearing for the Case

John D. MacDonald, II, Conroe, for appellant.

Michael A. McDougal, Dist. Atty., Frances Madden, Sylvia Yarborough, Michael C. Young, Asst. Dist. Attys, Conroe, for state.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

A jury convicted appellant, Jeffery Kyle Key, of capital murder. Because ten or more of the jurors answered "No" to the first special issue,1 the trial court was required to sentence appellant to life in the Texas Department of Criminal Justice, Correctional Institutions Division. See Tex.Code Crim. Proc. Ann. art. 37.071, sec. 2(d)(2); (g) ...

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