STATE v. POSEY

No. 06-09-00039-CR.

300 S.W.3d 23 (2009)

The STATE of Texas, Appellant, v. Cody Joe POSEY, Appellee.

Court of Appeals of Texas, Texarkana.

Decided October 20, 2009.


Attorney(s) appearing for the Case

Gary D. Young, Lamar County & Dist. Atty., Paris, Jeffrey W. Shell, Atty. & Counselor at Law, Rockwall, for appellant.

James R. Rodgers, Judy Hodgkiss, The Moore Law Firm, LLP, Paris, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.


OPINION

Opinion by Justice MOSELEY.

I. FACTUAL AND PROCEDURAL HISTORY

In July 2006, Cody Joe Posey was convicted of criminally negligent homicide in association with a fatal traffic accident wherein driving while intoxicated (DWI) was not a factor. The jury found that the automobile driven by Posey in the commission of that offense was used as a deadly weapon. The jury assessed punishment at two years' imprisonment, but recommended that the sentence...

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