GONZALEZ v. STATE

No. 04-03-00819-CR.

155 S.W.3d 603 (2004)

Ray GONZALEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

December 15, 2004.


Attorney(s) appearing for the Case

Julie B. Pollock, Hitchings & Pollock, San Antonio, for appellant.

Enrico B. Valdez, Sommer Hoffman, Asst. Criminal Dist. Atty's, San Antonio, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice.


OPINION

Opinion by CATHERINE STONE, Justice.

Ray Gonzalez appeals his conviction and life sentence for capital murder. Gonzalez presents two issues on appeal: (1) whether he was denied his right to confrontation when the trial court admitted incriminating hearsay statements made by an unavailable witness; and (2) whether the trial court erred in failing to instruct the jury on a lesser included offense. We affirm.

BACKGROUND

On May 3, 2002...

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