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GALLO v. STATE

No. AP-74900.

239 S.W.3d 757 (2007)

Tomas Raul GALLO, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied November 21, 2007.

Attorney(s) appearing for the Case

Robert Morrow, Spring, for Appellant.

Carmen Castillo Mitchell, Asst. D.A., Houston, Matthew Paul, State's Attorney, Austin, for State.

OPINION

MEYERS, J., delivered the opinion of the Court, in which KELLER, P.J., and PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Appellant was convicted in February 2004, of the capital murder of an individual under six years of age. TEX. PENAL CODE § 19.03(a)(8).1 Based on the jury's answers to the special issues set forth in Texas Code of Criminal Procedure Article 37.071, sections 2(b) and...

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