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CLARKE v. STATE

No. 14-06-00390-CR.

305 S.W.3d 841 (2010)

Arsenio Carlos CLARKE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

February 4, 2010.

Attorney(s) appearing for the Case

Bob Wicoff, Houston, for appellant.

Alan Curry, Houston, for state.

Panel consists of Justices ANDERSON, FROST, and MIRABAL.

OPINION ON REMAND

KEM THOMPSON FROST, Justice.

Appellant asserts that the trial court abused its discretion by denying his motion for new trial based on appellant's contention that the prosecutor violated the United States and Texas Constitutions by deliberately deceiving the trial court during the punishment phase. Appellant alleges the prosecutor allowed evidence concerning an extraneous offense to remain in the pre-sentence investigation report, even...

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