Bustillos, Norma ( 2004 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. 1189-03

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NORMA BUSTILLOS, Appellant

v.

THE STATE OF TEXAS

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ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE EIGHTH COURT OF APPEALS EL PASO COUNTY

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   Hervey, J., delivered the opinion of the Court in which Keller, PJ., Meyers, Price, Womack, Keasler, Holcomb and Cochran, JJ., joined. Johnson, J., filed a dissenting opinion.

O P I N I O N

Appellant was charged with capital murder but convicted by a jury of the lesser charge of criminally negligent homicide. The Court of Appeals affirmed. Bustillos v. State, No. 08-01-00467-Cr (Tex.App.-El Paso, delivered March 20, 2003) (unpublished). We granted appellant's petition for discretionary review to address whether the Court of Appeals erred in deciding that appellant waived her claims that the evidence was legally and factually insufficient to support her conviction for this lesser charge because she did not object to is submission in the jury charge. After reviewing the parties' briefs and the relevant portions of the record, we conclude that our decision to grant the petition was improvident. Accordingly, we dismiss appellant's petition for discretionary review. See Tex.R.App. 69.3.

Hervey, J.

Delivered: September 29, 2004

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