HOUSTON (AP) — A death row inmate who was part of the “Texas 7” gang of escaped prisoners has received an execution date of Feb. 4.

The date will allow time for Donald Newbury to file an appeal with the U.S. Supreme Court if he decides to do so, said Lisa Smith, an assistant district attorney in Dallas, in a motion to state District Judge Rick Magnis. The Dallas-based judge signed an order last week scheduling Newbury’s lethal injection, acting on a request from Dallas County prosecutors.

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