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FISCHER v. STATE

No. 04-05-00834-CR.

237 S.W.3d 897 (2007)

Robert Walter FISCHER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

October 24, 2007.

Attorney(s) appearing for the Case

Franklyn Mick Mickelsen, Broden & Mickelsen, Dallas, for appellant.

Scott Roberts, Asst. Crim. Dist. Atty., San Antonio, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice.

Reconsideration en banc denied.

DISSENTING OPINION TO DENIAL OF EN BANC CONSIDERATION

STEVEN C. HILBIG, Justice.

The panel reverses Robert Fischer's murder conviction because it concludes the trial court abused its discretion in admitting testimony and the error affected Fischer's substantial rights. I believe the panel errs in considering the challenged evidence as "extraneous offense" evidence and improperly analyzes harm. I therefore requested...

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