MUNGUIA v. STATE

No. 59452.

603 S.W.2d 876 (1980)

Roman MUNGUIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

Rehearing Denied September 17, 1980.


Attorney(s) appearing for the Case

John J. C. O'Shea, Lubbock, for appellant.

E. W. Boedeker, Dist. Atty., and Warren J. New, Asst. Dist. Atty., Levelland, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, PHILLIPS and W. C. DAVIS, JJ.


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for aggravated rape. The jury assessed punishment at twenty years.

In his first ground of error, Munguia contends that the trial court erred in admitting the identification testimony from an eyewitness and the complaining witness because of a suggestive identification procedure.

On November 11, 1976, Munguia entered a convenience store around 7:30 p. m. P____ S____, the victim, and...

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