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POWELL v. STATE

No. 05-84-00646-CR.

778 S.W.2d 484 (1989)

Robert POWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

August 8, 1989.

Attorney(s) appearing for the Case

Lawrence B. Mitchell, Dallas, for appellant.

Jeffrey B. Keck, Dallas, for appellee.

Before McCLUNG, LAGARDE and BURNETT, JJ.

REMAND FROM COURT OF CRIMINAL APPEALS

LAGARDE, Justice.

In our original opinion in this case, we held that the videotaped testimony of the five-year-old victim, admitted pursuant to sections 4 and 5 of article 38.071 of the Texas Code of Criminal Procedure, violated Powell's right to confrontation under the sixth amendment to the United States Constitution and article 1, section 10, of the Texas Constitution. The Court of Criminal Appeals agreed with our...

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