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SHOLARS v. STATE

No. 01-08-00060-CR.

312 S.W.3d 694 (2009)

Heywood Joseph SHOLARS, Appellant, v. The STATE of Texas, Appellee.

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

Discretionary Review Refused March 3, 2010.

Attorney(s) appearing for the Case

Danny Karl Easterling, Easterling & Easterling, P.C., Houston, TX, for Appellant.

Bridget Holloway, Assistant District Attorney, Houston, TX, for Appellee.

Panel consists of Justices KEYES, HANKS, and BLAND.

OPINION

EVELYN V. KEYES, Justice.

A jury convicted appellant, Heywood Joseph Sholars, of capital murder.1 The trial court sentenced appellant to life in prison. In two points of error, appellant argues that (1) the trial court erred in using a stair-step instruction which prohibited consideration of a lesser offense in determining guilt as to the charged offense and in permitting prosecutorial...

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