BROWN v. STATE

No. 01-10-00431-CR.

393 S.W.3d 308 (2012)

David Earl BROWN, Appellant, v. The STATE of Texas, Appellee.

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

Opinion on Motion for Rehearing November 15, 2012.

Discretionary Review Granted March 6, 2013.


Attorney(s) appearing for the Case

Kenneth E. McCoy , Attorney at Law, Houston, TX, for Appellant.

David C. Newell , Assistant District Attorney, Houston, TX, for State.

Panel consists of Justices KEYES, BLAND, and SHARP.


OPINION

JIM SHARP, Justice.

A jury convicted appellant David Earl Brown of murder and found that he used a deadly weapon. See TEX. PENAL CODE ANN. § 19.02(b)(1) (West 2011). The jury assessed punishment at ten years' imprisonment. Brown was present at trial for the presentation of evidence on guilt-innocence, but because he suffered a gunshot wound to the head before the defense rested its case, he was not present for closing arguments or any...

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