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STATE v. THOMAS

No. 01-11-00500-CR.

426 S.W.3d 233 (2012)

The STATE of Texas, Appellant v. Jeremy THOMAS, Appellee.

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

Discretionary Review Granted May 15, 2013.

Attorney(s) appearing for the Case

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

Sarah V. Wood , Harris County Assistant Public Defender, Houston, TX, for appellee.

Panel consists of Justices KEYES, MASSENGALE, and BROWN.

OPINION

EVELYN V. KEYES, Justice.

A jury convicted appellee, Jeremy Thomas, of the first-degree felony offense of murder, and the trial court assessed his punishment at confinement for life.1 Thomas moved for a new trial "in the interest of justice" because the jury did not hear exculpatory testimony from an alleged eyewitness. The trial court granted his motion for new trial. In two issues, the State contends that (1) the trial...

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