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HUBBARD v. STATE

No. 06-02-00188-CR.

133 S.W.3d 797 (2004)

Chris HUBBARD, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided April 2, 2004.

Rehearing Overruled April 27, 2004.

Attorney(s) appearing for the Case

Adam O. Fellows, Texarkana, for appellant.

Candace Norris, Canyon, Mark D. Mullin, Huntsville, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Chief Justice MORRISS.

Chris Hubbard awoke in his prison cell to find that his cellmate, Ronder Townsel, had pulled down Hubbard's boxer shorts, climbed on Hubbard's back, pressed his forearm to the back of Hubbard's neck to hold him down, and begun trying to rape him. During the ensuing struggle, Townsel was injured worse than Hubbard. In fact, Townsel's resulting broken ribs and sternum caused infection and ultimately death.

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