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BONNER v. STATE

No. 01-86-01007-CR.

779 S.W.2d 81 (1989)

Donald Anthony BONNER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

March 23, 1989.

Attorney(s) appearing for the Case

Douglas M. O'Brien, Houston, for appellant.

John Holmes, Dist. Atty., J. Harvey Hudson, Kathy Giannaula, Asst. Dist. Atty., Houston, for appellee.

Before SAM BASS, MIRABAL and COHEN, JJ.

OPINION

COHEN, Justice.

The Court of Criminal Appeals vacated our judgment and remanded this case for reconsideration of appellant's second point of error in light of its holding in Rose v. State, 752 S.W.2d 529, 552 (Tex.Crim.App. 1988) (op. on reh'g). In his second point of error, appellant argues that the trial court committed fundamental error by instructing the jury...

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