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SMITH v. STATE

No. 13-05-714-CR.

286 S.W.3d 412 (2008)

Sherry Lynn SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled January 29, 2009.

Attorney(s) appearing for the Case

William F. Carter, Bryan, for appellant.

Tuck McLain, Deputy Dist. Atty., Anderson, for appellee.

Before Justices YAÑEZ, BENAVIDES, and VELA.

OPINION

Opinion by Justice BENAVIDES.

Appellant, Sherry Lynn Smith, was convicted of capital murder and was sentenced to life in prison. TEX. PENAL CODE ANN. § 19.03(a)(7)(A) (Vernon Supp.2008). Her conviction was based on the testimony of an alleged accomplice, Daniel "Boone" Gardner. On appeal, Sherry argues that, excluding Boone's testimony, the evidence was insufficient to connect her to the crime. See TEX.CODE CRIM. PROC. ANN. art. 38.14...

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