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MONCIVAIS v. STATE

No. 01-09-01131-CR.

425 S.W.3d 403 (2011)

Jose Antonio MONCIVAIS, Appellant, v. The STATE of Texas, Appellee.

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

Discretionary Review Refused February 29, 2012.

Attorney(s) appearing for the Case

Winston E. Cochran Jr. , Houston, TX, for Appellant.

Carol M. Cameron , Assistant District Attorney, Patricia R. Lykos , Harris County District Attorney, Houston, TX, for Appellee.

Panel consists of Justices JENNINGS, HIGLEY, and BROWN.

OPINION

HARVEY BROWN, Justice.

A jury found Jose Antonio Moncivais guilty of murder and assessed his punishment at 50 years' confinement in the Institutional Division of the Texas Department of Criminal Justice.1 On appeal, Moncivais contends the evidence is legally and factually insufficient to support the jury's negative finding on the issue of sudden passion during the punishment phase of his trial. We hold that the evidence...

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