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CHAMBLESS v. STATE

No. 03-10-00305-CR.

368 S.W.3d 785 (2012)

Ben CHAMBLESS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

May 10, 2012.

Attorney(s) appearing for the Case

Linda Icenhauer-Ramirez , Attorney at Law, Austin, TX, for appellant.

Lisa C. McMinn , State Prosecuting Attorney, Lisa Stewart , Assistant District Attorney, Travis County, Austin, TX, for appellee.

Before Chief Justice JONES, Justices HENSON and GOODWIN.

OPINION

DIANE M. HENSON, Justice.

A jury found appellant Ben Chambless guilty of criminally negligent homicide. See Tex. Penal Code Ann. § 19.05(a) (West 2011). Based on the jury's finding that Chambless used a firearm in the commission of this homicide, the trial court instructed the jury that the applicable term of imprisonment was that of a third-degree felony. See id. § 12.35(c)(1) (West 2011). The jury assessed punishment...

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