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MITTEN v. STATE

No. 13-00-303-CR.

228 S.W.3d 693 (2005)

Cody Dewayne MITTEN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled September 29, 2005.

Discretionary Review Dismissed December 7, 2005.

Attorney(s) appearing for the Case

Lane W. Vaughn, Roy G. Romo, Houston, for appellant.

Stephen B. Tyler, Dist. Atty., Michael M. Kelly, Asst. Dist. Atty., Victoria, for appellee.

Before Chief Justice VALDEZ and Justices YAÑEZ and RODRIGUEZ.

Rehearing En Banc Overruled September 29, 2005.

OPINION ON REMAND

Opinion by Justice YAÑEZ.

A jury found appellant, Cody Dewayne Mitten, guilty of capital murder,1 thereby rejecting his affirmative defense of insanity. The State elected not to seek the death penalty, and the trial court assessed punishment at life imprisonment. In a divided opinion, this Court affirmed the judgment on direct appeal.

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