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CRUZ v. STATE

No. 08-03-00313-CR.

224 S.W.3d 226 (2005)

David CRUZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Discretionary Review Granted September 28, 2005.

Attorney(s) appearing for the Case

M. Clara Hernandez, El Paso County Public Defender, El Paso, for Appellant.

Jaime E. Esparza, Dist. Atty., El Paso, for State.

Before Panel No. 2 BARAJAS, C.J., McCLURE, and CHEW, JJ.

OPINION

DAVID WELLINGTON CHEW, Justice.

Appellant David Cruz appeals his conviction for capital murder. Over Appellant's not guilty plea, the jury found Appellant guilty of the offense. He was sentenced to life imprisonment. We reverse the trial court's judgment and the case is remanded for a new trial.

On May 18, 2002, the body of Mike Mendivil was found near Capistrano Park on a dirt road by a cotton field in the Lower Valley area of El...

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