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SWAIM v. STATE

No. 2-07-165-CR.

306 S.W.3d 323 (2009)

David Lee SWAIM, Jr., Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

December 17, 2009.

Attorney(s) appearing for the Case

John Thomas Haughton, Aubrey, TX, for Appellant.

Paul Johnson, Criminal District Attorney, John A. Stride, Chief Assistant Criminal District Attorney, Jeffrey Fleming, Anthony Paul, Assistant Criminal District Attorneys, for Denton County, Denton, Texas, for Appellee.

PANEL: DAUPHINOT and WALKER, JJ.; and DIXON W. HOLMAN (Senior Justice, Retired, Sitting by Assignment).

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

DIXON W. HOLMAN, Justice (Retired).

Pursuant to Texas Rule of Appellate Procedure 50, we withdraw our March 13, 2008 opinion and judgment and substitute the following. Tex.R.App. P. 50.

A jury convicted Appellant David Lee Swaim, Jr. of murder and assessed his punishment at life imprisonment. In two points, Swaim argues that the trial court...

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