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GASPAR v. STATE

No. 06-10-00050-CR.

327 S.W.3d 349 (2010)

Felipe Rubio GASPAR, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided November 5, 2010.

Attorney(s) appearing for the Case

Donald K. Hoover , Nix & Hoover, Sherman, for appellant.

Richard Glaser , Fannin County Dist. Atty., James L. Moss , Asst. Dist. Atty., Bonham, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Chief Justice MORRISS.

Noemi Jiminez,1 her four children, and her current boyfriend, Pedro Guzman, were all sleeping in Jiminez's darkened bedroom. Awakened by Guzman's scream, Jiminez saw her former boyfriend, Felipe Rubio Gaspar,2 on top of Guzman and thought Gaspar was hitting Guzman with his fists. She pulled Gaspar off of Guzman...

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