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BENITEZ v. STATE

No. 07-98-0405-CR.

5 S.W.3d 915 (1999)

Tomas BENITEZ, Jr., Appellant. v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo.

November 10, 1999.

Attorney(s) appearing for the Case

Daniel R. Wheeler, Chappell, Lanehart & Wheeler, P.C., Lubbock, for appellant.

William C. Sowder, Dist. Atty., Wade Jackson, Asst. Dist. Atty., Lubbock, for appellee.

Before QUINN, REAVIS and JOHNSON, JJ.

BRIAN QUINN, Justice.

Appellant, Tomas Benitez, Jr., appeals his conviction for burglary of a habitation with intent to commit aggravated assault and for aggravated assault. He raises three issues. The first two concern an alleged violation of the Texas spousal privilege laws. The third involves the victim's identification of appellant as the assailant; allegedly, it was tainted by an unreasonably suggestive pretrial identification. We affirm.

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