PENA v. STATE

No. PD-0852-10.

353 S.W.3d 797 (2011)

Jose Luis PENA, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

September 28, 2011.


Attorney(s) appearing for the Case

Scott Ramsey , Houston, for Appellant.

Sue Korioth , Special Prosecutor, Dallas, Lisa C. McMinn , State's Attorney, Austin, for State.


OPINION

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

Appellant was indicted for possession of more than five but less than fifty pounds of marijuana. A jury found him guilty and sentenced him to life imprisonment as a habitual offender. The Waco Court of Appeals affirmed, rejecting Appellant's argument that Brady1 applied when the State failed to disclose to Appellant the audio portion of a videotape...

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