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COOK v. STATE

No. PD-0344-12.

390 S.W.3d 363 (2013)

David COOK, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

January 30, 2013.

Attorney(s) appearing for the Case

Barbara A. Drumheller , Houston, TX, for Appellant.

Catherine Luft , Assistant District Attorney, Denton, TX, Lisa C. McMinn , State's Attorney, Austin, for State.

OPINION

COCHRAN, J., delivered the opinion of the Court in which MEYERS, PRICE, WOMACK, JOHNSON, and ALCALA, JJ., joined.

A jury convicted appellant of manslaughter and returned a punishment verdict of six years' confinement with a recommendation that it be probated. The trial judge formally sentenced appellant. Nearly forty-five minutes later, the same "jury" returned a second punishment verdict of six years' confinement with no recommendation that...

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