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SWEARINGEN v. STATE

No. 03-07-00556-CR.

270 S.W.3d 804 (2008)

Tye Van SWEARINGEN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

December 4, 2008.

Attorney(s) appearing for the Case

James H. Kreimeyer, Belton, for appellant.

Bob D. Odom, Belton, for appellee.

Before Chief Justice LAW, Justices PURYEAR and PEMBERTON.

OPINION

BOB PEMBERTON, Justice.

A jury convicted Tye Van Swearingen of murdering his wife, Stephanie. See Tex. Penal Code Ann. § 19.02(b) (West 2003). During the punishment phase of trial, Swearingen raised the mitigating circumstance of "sudden passion." See id. § 19.02(a), (c) & (d). The district court submitted the issue to the jury in the form of an instruction to assess...

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