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CLAYTON v. STATE

No. 13-03-411-CR.

169 S.W.3d 254 (2005)

LEVIYAS JAMAIL CLAYTON, Appellant, v. THE STATE OF TEXAS, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled August 4, 2005.

Attorney(s) appearing for the Case

Kurt B. Wentz, Houston, for appellant.

William J. Delmore, III, Chief Prosecutor, Appellate Division, Bridget Holloway, Asst. Dist. Atty., Charles A. Rosenthal, Jr., Dist. Atty.-Harris County, Houston, for appellee.

Before Justices HINOJOSA, YAÑEZ and GARZA.

OPINION

Opinion by Justice GARZA.

A jury convicted Leviyas Jamail Clayton of murder, and he was sentenced to thirty years' imprisonment. Clayton now appeals his conviction, arguing that the evidence was legally and factually insufficient to prove he committed murder. Because we conclude that the evidence is legally insufficient, we reverse the judgment of the trial court and enter a judgment of acquittal.

I.

At approximately noon on June...

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