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JOHNSON v. STATE

No. 872-97.

977 S.W.2d 137 (1998)

Leon Jerome JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

September 30, 1998.

Attorney(s) appearing for the Case

Eleanor Barnes, Houston, for appellant.

Jim Vollers, Special Prosecutor, Matthew Paul, State's Attorney, Austin, for State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

A jury convicted Appellant of attempted capital murder and assessed punishment at ninety-nine years of confinement and a $10,000 fine. On appeal, Appellant contended the trial court erred in denying his motion for a jury shuffle.1 The State asserted that Appellant's attorney had previously received a shuffle and that counsel's acquiescence to that shuffle...

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