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WHATLEY v. STATE

No. 154-95.

946 S.W.2d 73 (1997)

Don WHATLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 14, 1997.

Attorney(s) appearing for the Case

Roy E. Greenwood, Austin, for appellant.

David P. Weeks, District Attorney, Huntsville, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

KELLER, Judge.

A jury convicted appellant of solicitation of capital murder1 and assessed punishment at forty years confinement. A deadly weapon special issue was submitted, the jury answered the issue affirmatively, and the trial court entered a deadly weapon finding. The Court of Appeals affirmed. We granted review to consider the propriety of the court of appeals...

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