Scott Leslie Carmell v. State

02-97-197-CR

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-97-197-CR

SCOTT LESLIE CARMELL APPELLANT

V

THE STATE OF TEXAS STATE

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FROM THE 367TH DISTRICT COURT OF DENTON COUNTY

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OPINION

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Introduction

In this out-of-time appeal, Scott Leslie Carmell brings four issues: (1) the United States Supreme Court’s holding in Carmell v. Texas, 529 U.S. 513, 120 S. Ct. 1620 (2000), requires entry of a judgment of acquittal on four of the counts for which he was originally convicted (counts seven through ten); (2) the trial court’s failure to instruct the jury that it…