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WESTMORELAND v. STATE

No. 12-03-00224-CR.

174 S.W.3d 282 (2005)

William Mark WESTMORELAND, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Tyler.

Discretionary Review Refused September 28, 2005.

Attorney(s) appearing for the Case

Douglas Scott Williams, Athens, for appellant.

Donna R. Bennett, Athens, Shari Moore, for state.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.

OPINION

SAM GRIFFITH, Justice.

Appellant William Mark Westmoreland was convicted by a jury of murder. The jury assessed his punishment at imprisonment for forty-five years and a ten thousand dollar fine. He raises three issues on appeal. We affirm.

BACKGROUND

Appellant and his wife, Debra (now Debra Westmoreland Pierce), separated on December 6, 2000. Debra moved from their home, assisted by the decedent, Kenneth Zoch. Appellant...

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