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CARMELL v. STATE

No. 2-97-197-CR.

331 S.W.3d 450 (2010)

Scott Leslie CARMELL, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

September 30, 2010.

Attorney(s) appearing for the Case

John P. Knouse , Knouse & Knouse, Dallas, TX, for Appellant.

Paul Johnson , Criminal District Attorney, Charles E. Orbison , Assistant Criminal District Attorney, Chief of Appellate Section, Denton County, TX, for State.

PANEL: LIVINGSTON, C.J.; GARDNER and MEIER, JJ.

OPINION

TERRIE LIVINGSTON, Chief Justice.

Introduction

In this out-of-time appeal, Scott Leslie Carmell brings four issues: (1) the United States Supreme Court's holding in Carmell v. Texas, 529 U.S. 513, 120 S.Ct. 1620, 146 L.Ed.2d 577 (2000), requires entry of a judgment of acquittal on four of the counts for which he was originally convicted (counts seven through ten); (2) the trial court's failure...

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