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FLORES v. STATE

No. PD-1908-02.

155 S.W.3d 144 (2004)

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

Court of Criminal Appeals of Texas.

December 15, 2004.

Attorney(s) appearing for the Case

M. Patrick Maguire, Kerrville, for Appellant.

E. Bruce Curry, District Attorney, Kerrville, Matthew Paul, State's Attorney, Austin, for State.

OPINION

HOLCOMB, J., delivered the opinion of the Court, in which KELLER, P.J., and MEYERS, WOMACK, HERVEY, and COCHRAN, JJ., joined.

The issue we decide today is whether, absent a compelling need for the testimony, it is error to order defense counsel to testify over objection when called by the State as a fact witness. We conclude it is and reverse the judgment of the appellate court.

I. The Relevant Facts

A jury convicted appellant of...

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