BENOIT v. STATE

No. 04-01-00035-CR.

87 S.W.3d 668 (2002)

John Kevin BENOIT, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused October 23, 2002.


Attorney(s) appearing for the Case

Brian W. Wice, Houston, for appellant.

Charles A. Rosenthal, Jr., District Attorney, Donald W. Rogers, Jr., Assistant District Attorney, Houston, for appellee.

Sitting: PHIL HARDBERGER, Chief Justice CATHERINE STONE, Justice SANDEE BRYAN MARION, Justice.


Opinion by: SANDEE BRYAN MARION, Justice.

A jury found defendant, John Kevin Benoit, guilty of murder and sentenced him to life in prison. The defendant does not challenge the sufficiency of the evidence; instead, he raises six procedural complaints, including whether his Fifth Amendment right to counsel was violated. We conclude that defendant's written statement was obtained in violation of his Fifth Amendment right to counsel and this error was harmful; therefore...

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