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DRIVER v. STATE

No. 01-08-00522-CR.

358 S.W.3d 270 (2011)

Dennis Ray DRIVER, Appellant, v. The STATE of Texas, Appellee.

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

Discretionary Review Refused January 25, 2012.

Attorney(s) appearing for the Case

Patricia Fortney Sedita , Sugar Land, for Appellant.

Kenneth Magidson , Harris County Dist. Atty., Eric Kugler , Asst. Dist. Atty. of Harris County, Houston, for State.

Panel consists of Chief Justice RADACK and Justices BLAND and MASSENGALE.

OPINION

JANE BLAND, Justice.

A jury convicted Dennis Ray Driver of felony murder, based on the underlying offense of cocaine possession, after Driver's eight-month-old son died of cocaine poisoning while in Driver's care. See TEX. PENAL CODE ANN. § 19.02(b)(3) (West 2003). After hearing evidence of Driver's multiple drug convictions, the jury assessed his punishment at life in prison. On appeal, Driver...

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