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GARDNER v. STATE

No. AP-75,582.

306 S.W.3d 274 (2009)

John Steven GARDNER, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied January 13, 2010.

Attorney(s) appearing for the Case

Steven R. Miears, Bonham, for appellant.

Andrea L. Westerfeld, Asst. Crim. D.A., McKinney, Jeffrey L. Van Horn, State's Attorney, Austin, for State.

OPINION

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

Appellant was convicted of capital murder for shooting his wife, Tammy Gardner, in the course of committing or attempting to commit burglary or retaliation. Based upon the jury's answers to the special punishment issues, the trial court sentenced him to death. On direct appeal to this Court, appellant raises eleven points...

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