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RUBIO v. STATE

No. AP-74852.

241 S.W.3d 1 (2007)

John Allen RUBIO, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied December 5, 2007.

Attorney(s) appearing for the Case

Alfredo Padilla, Brownsville, for Appellant.

Rene B. Gonzalez, Asst. C.A., Brownsville, Matthew Paul, State's Attorney, Austin, for State.

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

The appellant was indicted on four counts of capital murder1 related to the killing and decapitation of his three children: Julissa Quesada (age 3), John E. Rubio (age 14 months), and Mary Jane Rubio (age 2 months). The appellant pleaded not guilty by reason of insanity2 to all four counts. The jury found...

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