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GREENE v. STATE

No. 03-05-00737-CR.

240 S.W.3d 7 (2007)

Kyle Wade GREENE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Discretionary Review Refused October 10, 2007.

Attorney(s) appearing for the Case

James H. Kreimeyer, Belton, for Appellant.

Sean K. Proctor, Asst. Dist. Atty., Belton, for State.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

BOB PEMBERTON, Justice.

A jury convicted appellant Kyle Wade Greene for the capital murder of two persons during the same criminal transaction. See Tex. Penal Code Ann. § 19.03(a)(7)(A) (West Supp.2006). The State did not seek the death penalty, and the court assessed punishment at life imprisonment. See id. § 12.31(a); Tex.Code Crim. Proc. Ann. art. 37.071, § 1 (West 2006). In two issues on appeal, Greene contests...

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