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WINFREY v. STATE

No. PD-0987-09.

323 S.W.3d 875 (2010)

Richard Lynn WINFREY, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied November 10, 2010.

Attorney(s) appearing for the Case

Shirley Baccus-Lobel, Dallas, for Appellant.

Bill Burnet, Crim. D.A., Coldspring, Jeffrey L. Van Horn, State's Attorney, Austin, for State.

HERVEY, J., delivered the opinion of the Court in which KELLER, P.J., PRICE, WOMACK, JOHNSON, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

OPINION

Charged with the capital murder of Murray Wayne Burr, appellant was convicted of the lesser offense of murder and sentenced to seventy-five years in prison. We reverse the court of appeals and render an acquittal.

I. FACTUAL & PROCEDURAL BACKGROUND

In August 2004, Murray Wayne Burr was...

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