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SMITH v. STATE

No. 01-09-00634-CR.

355 S.W.3d 138 (2011)

Joseph Wayne SMITH, Appellant, v. The STATE of Texas, Appellee.

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

Discretionary Review Refused August 24, 2011.

Attorney(s) appearing for the Case

Kurt B. Wentz , Houston, for Appellant.

Patricia R. Lykos , Harris County Dist. Atty., Donald W. Rogers , Asst. Dist. Atty., Houston, for State.

Panel consists of Justices KEYES, HIGLEY, and BLAND.

OPINION

JANE BLAND, Justice.

A jury convicted Joseph Wayne Smith of murder and assessed his punishment at twenty-five years' confinement. See TEX. PENAL CODE ANN. § 19.02(b) (West 2003). On appeal, Smith contends that: (1) the evidence is factually insufficient to support his conviction; (2) the evidence is legally and factually insufficient to support the jury's negative finding on the issue of sudden passion during the punishment phase; (3...

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