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BARRIOS v. STATE

No. PD-0891-08.

283 S.W.3d 348 (2009)

Luis Noe BARRIOS, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

April 29, 2009.

Attorney(s) appearing for the Case

Charles Hinton, Houston, for Appellant.

Dan McCrory, Asst. District Atty., Houston, Jeffrey L. Van Horn, State's Atty., Austin, for State.

OPINION

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

Appellant was charged with, and found guilty of, capital murder. The state did not seek the death penalty, so appellant was sentenced to life imprisonment. On appeal, the First Court of Appeals in Houston affirmed the conviction, finding that there was no error in the portion of the trial court's charge that instructed...

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