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MITCHELL v. STATE

No. 01-08-00785-CR.

321 S.W.3d 30 (2010)

Clinton MITCHELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Refused August 25, 2010.

Attorney(s) appearing for the Case

J. Sidney Crowley , Houston, TX, for Appellant.

Alan Curry , Chief Prosecutor, Appellate Division, Harris County District Attorney's Office, Scott A. Durfee , Assistant District Attorney, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and HIGLEY.

OPINION

LAURA CARTER HIGLEY, Justice.

A jury found appellant, Clinton Mitchell, guilty of criminally negligent homicide.1 The jury also found, in a special issue, that appellant used a deadly weapon, namely, a motor vehicle, during the commission of the offense. The trial court assessed punishment at five years in prison.2 In two points of error, appellant challenges the legal and factual sufficiency...

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