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HENRY v. STATE

No. 01-05-00845-CR.

263 S.W.3d 151 (2007)

Larry Douglas HENRY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

January 11, 2007.

Attorney(s) appearing for the Case

Casie L. Gotro, Houston, TX, Michael Logan Ware, Fort Worth, TX, for Appellant.

Peyton Z. Peebles, III, Assistant District Attorney, Houston, TX, for The State of Texas.

Panel consists of Justices TAFT, KEYES, and HANKS.

OPINION

EVELYN V. KEYES, Justice.

A jury convicted appellant, Larry Douglas Henry, of intoxication manslaughter and assessed punishment at nine years in prison. See TEX. PEN.CODE ANN. § 49.08 (Vernon 2003). In four points of error, appellant contends (1) the trial court erred by denying appellant's request to instruct the jury on the lesser-included offense of driving while intoxicated; (2) he received...

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