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STATE v. MASONHEIMER

No. 11-03-00234-CR.

154 S.W.3d 247 (2005)

STATE of Texas, Appellant, v. James S. MASONHEIMER, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled February 17, 2005.

Attorney(s) appearing for the Case

James Eidson, District Attorney, Patricia Dyer, Assistant Criminal Dist. Atty's Office, Abilene, for appellant.

Burt Lee Burnett, Burnett & Burke, W.L. (Tres) Burke, III, Burke & Burke, Britt H. Lindsey, Abilene, Robert T. Sherwin, Coby D. Smith, Brackett & Ellis, P.C., Fort Worth, for appellee.

Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.

Opinion

TERRY McCALL, Justice.

James S. Masonheimer shot Gilbert "bo" Sanchez five times in the back with a .38 revolver, killing Sanchez outside the home of Masonheimer's daughter, Lucy Williams. The shooting occurred early one morning after the two were seen conversing. Masonheimer's first murder trial before a jury ended in a mistrial. He pleaded nolo contendere and waived a jury in his second trial. The second trial court also declared a mistrial and...

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