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Thompson v StateFebruary 26, 2003No. 73,431 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. 73,431 CHARLES VICTOR THOMPSON, Appellant v. THE STATE OF TEXAS ON APPELLANTS MOTION FOR REHEARING FROM HARRIS COUNTY The opinion is delivered Per Curiam with Keasler and Hervey, J.J. concurring. O P I N I O N Appellant was convicted of capital murder in April 1999. Tex. Penal Code Ann. § 19.03(a). Pursuant to the jurys answers to the special issues set forth in Texas Code of Criminal Procedure article 37.071 §§ 2(b) and 2(e), the trial court sentenced appellant to death. Tex. Code Crim. Proc. art. 37.071 § 2(g). On original submission, the cause was remanded for a new punishment hearing due to error occurring during the punishment phase of the trial. Thompson v. State, ___ S.W.3d ___ (Tex. Crim. App. delivered October 24, 2001). We granted appellants first ground for rehearing in which he maintained we failed to fully consider his fourth point of error on original submission. Upon further consideration, we have concluded our decision to grant rehearing was improvident and we withdraw the order granting rehearing. The cause is remanded to the trial court for a new punishment hearing. TEX. CODE CRIM. PROC. art. 44.29(c). Delivered: January 29, 2003 Publish This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors. Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
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