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STATE v. POSEY

Nos. PD-0034-10, PD-0035-10.

330 S.W.3d 311 (2011)

The STATE of Texas v. Cody Joe POSEY, Appellee.

Court of Criminal Appeals of Texas.

January 12, 2011.

Attorney(s) appearing for the Case

James R. Rodgers , Paris, for Appellant.

Gary D. Young , County & Dist. Atty., Paris, Lisa C. McMinn , State's Atty., Austin, for State.

OPINION

JOHNSON, J., delivered the opinion for a unanimous Court.

A jury convicted appellee of two criminally negligent homicides, alleged in separate indictments. The jury found that the motor vehicle driven by appellee in the commission of these offenses was used or exhibited as a deadly weapon, assessed punishment at two years' imprisonment, and recommended that the sentences be probated. The trial court followed that recommendation and placed...

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