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McKINNEY v. STATE

Nos. PD-0594-05, 0595-05, 0596-05.

207 S.W.3d 366 (2006)

Steve Charles McKINNEY, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

November 15, 2006.

Attorney(s) appearing for the Case

Pheobe Smith, Houston, for appellant.

David C. Newell, Asst. D.A., Richmond, Matthew Paul, State's Attorney, Austin, for state.

OPINION

JOHNSON, J., delivered the opinion of the Court in which MEYERS, PRICE, WOMACK, HOLCOMB and COCHRAN, JJ., joined.

An indictment returned in 2002 charged appellant with three counts of capital murder. TEX. PENAL CODE § 19.03.1 Appellant plead not guilty. The state presented evidence at the guilt phase of appellant's jury trial that, in October 2001, appellant and...

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