MARTINEZ v. STATE

No. 01-04-00715-CR.

186 S.W.3d 59 (2005)

Gilbert Anthony MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Refused May 24, 2006.


Attorney(s) appearing for the Case

Robert Morrow, Hocker & Morrow, Boyd & Mathews, Spring, TX, for Appellant.

Charles A. Rosenthal, Jr., District Attorney-Harris County, Alan Curry, Assistant District Attorney, Houston, TX, Appellee.

Panel consists of Justices NUCHIA, JENNINGS, and HIGLEY.


OPINION

LAURA CARTER HIGLEY, Justice.

Appellant, Gilbert Anthony Martinez, was charged by indictment with murdering the complainant by shooting her with a deadly weapon, namely a firearm. See TEX. PEN.CODE ANN. § 19.02 (Vernon 2003). The jury found appellant guilty as charged and assessed punishment at confinement for life.

In five issues, appellant contends that the trial court abused its discretion in (1) admitting DNA evidence from...

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