Alonzo, Alexander

.

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. PD-0435-02

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ALEXANDER ALONZO, Appellant

v.

THE STATE OF TEXAS

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ON STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE TENTH COURT OF APPEALS HARRIS COUNTY

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



OPINION

Appellant was convicted of capital murder and sentenced to life imprisonment. The Court of Appeals reversed and remanded for a new trial after deciding that the trial court erroneously excluded defensive evidence. Alonzo v. State, 67 S.W.3d 346, 355-62 (Tex.App.-Waco 2001). We granted the State's petition for discretionary review to review this decision. 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 the State's petition for discretionary review. See Tex.R.App. 69.3.

Hervey, J.

Delivered: March 16, 2005

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