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FLORES v. STATE

No. 06-05-00023-CR.

194 S.W.3d 34 (2006)

Rene FLORES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided May 5, 2006.

Attorney(s) appearing for the Case

Ned Barnett, Houston, for appellant.

Charles A. Rosenthal, Jr., Dist. Atty., Lori DeAngelo Fox, Asst. Dist. Atty., Houston, for state.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice ROSS.

Rene Flores was convicted by a jury for the murder of Damon Barlow, also known as "Blue." The jury assessed punishment at thirty-eight years' imprisonment, and the trial court sentenced Flores accordingly. Flores appeals, raising one point of error: that the trial court erred in including in the jury charge an instruction on provocation. We affirm the judgment.

The killing occurred September 23, 2003. Approximately...

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