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GARCIA v. STATE

No. 07-12-0103-CR.

440 S.W.3d 728 (2013)

Ruben GARCIA, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

Discretionary Review Refused July 24, 2013.

Attorney(s) appearing for the Case

David M. Crook , Crook & Jordan, Lubbock, TX, for Appellant.

Kollin Shadle , Assistant Criminal District Attorney, Lubbock, TX, for Appellee.

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

OPINION

MACKEY K. HANCOCK, Justice.

Appellant, Ruben Garcia, appeals his conviction for capital murder1 and mandatory sentence of life imprisonment in the Institutional Division of the Texas Department of Criminal Justice without the possibility of parole.2 Appellant presents one issue on appeal, that the trial court erred in failing to sua sponte give a lesser-included jury charge on murder...

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