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RUSSEAU v. STATE

No. AP-74466.

171 S.W.3d 871 (2005)

Gregory RUSSEAU, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied October 5, 2005.

Attorney(s) appearing for the Case

Donald F. Killingsworth, Tyler, for Appellant.

Michael J. Sandlin, Assistant District Attorney, Tyler, Matthew Paul, State's Attorney, Austin, for State.

HOLCOMB, J., delivered the opinion of the Court, in which PRICE, WOMACK, JOHNSON, and COCHRAN, JJ., joined.

A Smith County jury found appellant guilty of capital murder under Texas Penal Code § 19.03(a)(2). Appellant's punishment was assessed at death. We will affirm in part and reverse in part.

The Record Evidence

The record reflects the following: On May 30, 2001, 75-year-old James Syvertson was murdered at his Tyler auto repair garage...

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