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HISEY v. STATE

No. 01-02-00555-CR.

129 S.W.3d 649 (2004)

David Sidney HISEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

January 8, 2004.

Attorney(s) appearing for the Case

James Tucker Graves, Houston, TX, Roger L. Ezell, Galveston, TX, for Appellant.

B. Warren Goodson, Jr., Assistant District Attorney, Michael J. Guarino, Criminal District Attorney—Galveston County, Galveston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices KEYES and ELSA ALCALA.

OPINION

ELSA ALCALA, Justice.

Appellant, David Sidney Hisey, was charged by indictment with capital murder for intentionally or knowingly causing the death of Sunnye Hisey on or about November 15, 1999 and for intentionally or knowingly causing the death of Hollis Hisey on or about July 15, 2000 pursuant to the same scheme or course of conduct, but during different transactions. A jury convicted appellant of the lesser-included offense of murder and assessed...

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