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VELA v. STATE

No. PD-1388-04.

209 S.W.3d 128 (2006)

Richard VELA, Jr., Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

December 13, 2006.

Attorney(s) appearing for the Case

Joseph V. Collina, Corpus Christi, for Appellant.

James D. Rosenkild, Asst. District Atty., Corpus Christi, Matthew Paul, State's Atty., Austin, for State.

OPINION

KEASLER, J., delivered the opinion for a unanimous Court.

The trial judge excluded the testimony of Richard Vela, Jr.'s witness, Cheryl Hartzendorf, who would have testified that if there is no physical evidence, then no rape occurred. The court of appeals ruled that Hartzendorf should have been allowed to testify because her experience qualified her as an expert.1 Because...

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