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SMITH v. STATE

No. AP-75,479.

297 S.W.3d 260 (2009)

Demetrius Dewayne SMITH, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied August 19, 2009.

Attorney(s) appearing for the Case

Frances M. Northcutt, Houston, for Appellant.

Carol M. Cameron, Assistant District Attorney, Houston, Jeffrey L. Van Horn, State's Attorney, Austin, for State.

OPINION

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

Appellant was convicted in June 2006 of capital murder. TEX. PENAL CODE § 19.03(a). Based upon the jury's answers to the special issues set forth in Texas Code of Criminal Procedure article 37.071 §§ 2(b) and 2(e), the trial judge sentenced appellant to death. Art. 37.071 § 2(g).1

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