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Thompson v State

February 26, 2003
No. 73,431


IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 73,431

CHARLES VICTOR THOMPSON, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S 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 jury’s 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 appellant’s 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

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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.
Casenotes Listing Table of Recent Opinions
Send your comments or suggestions to fei@bakers-legal-pages.com
© 2003 Lang Baker