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McKINNEY v. STATE

Nos. 01-03-00565-CR, 01-03-00734-CR, 01-03-00735-CR.

177 S.W.3d 186 (2005)

Steve Charles McKINNEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, First District, Houston.

Rehearing Overruled March 8, 2005.

Discretionary Review Granted November 2, 2005.

Attorney(s) appearing for the Case

Madeleine Connor, Austin, TX, Pheobe S. Smith, Houston, TX, for Appellant.

David C. Newell, Assistant District Attorney, John J. Harrity, III, Assistant District Attorney-Fort Bend County, Richmond, TX, for Appellee.

Panel consists of Justices TAFT, JENNINGS, and BLAND.

OPINION

TIM TAFT, Justice.

On a three-count indictment, a jury convicted appellant, Steve Charles McKinney, of the murder of Guillermo Arvizu; of the capital murder of Danielle Fleischmann Arvizu, Guillermo's pregnant wife; and of the capital murder of Hayley Arvizu, the couple's five-year-old daughter. The jury assessed appellant's punishment at life in prison for the murder of Guillermo. The State sought the death penalty for the capital murders of Danielle...

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