OPINION HOLCOMB, J., delivered the opinion of the Court, in which KELLER, P.J., and MEYERS, KEASLER, HERVEY and COCHRAN, JJ., joined. Larry Ray Swearingen appeals his conviction of capital murder for which he was sentenced to death. Tex. Penal Code Ann. § 19.03 (a)(2); Tex.Code Crim. Pro. Article 37.071, §§ 2(b), 2(…
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