FLORES v. STATE

No. 04-01-00819-CR.

90 S.W.3d 875 (2002)

Ramiro FLORES, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

September 25, 2002.


Attorney(s) appearing for the Case

M. Patrick Maguire, Kerrville, for appellant.

E. Bruce Curry, District Attorney, Kerrville, for appellee.

Sitting: CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice.


Opinion by: CATHERINE STONE, Justice.

In this appeal we are asked to establish a bright line test declaring an actual conflict of interest and presumed harm any time a defendant's counsel is called as a witness by the State during the defendant's trial. Although we do not condone the practice of a prosecutor calling defense counsel as a witness during trial, we decline the invitation to fashion a per se rule.

BACKGROUND

A jury convicted Ramiro Flores...

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