Marcia Gayle Kelly v. State

NO. 12-06-00384-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MARCIA GAYLE KELLY, § APPEAL FROM THE 420TH

APPELLANT

V. § JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE § NACOGDOCHES COUNTY, TEXAS

MEMORANDUM OPINION

We withdraw our opinion delivered on January 23, 2008, and substitute the following opinion in its place.

Marcia Gayle Kelly appeals her conviction for capital murder. In three issues, she argues that the trial court erred when it allowed her statement to the police to be admitted, that the trial court should have moved the trial because of pretrial…