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PENA v. STATE

No. 10-03-00109-CR.

166 S.W.3d 274 (2005)

JOSE PENA, Appellant, v. THE STATE OF TEXAS, Appellee.

Court of Appeals of Texas, Waco.

April 27, 2005.

Attorney(s) appearing for the Case

Frank Blazek, Smither, Martin & Henderson, Huntsville, for appellant.

Ray Montgomery, Leon County Dist. Atty., Centerville, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

Jose Pena was charged with possession of marihuana. Before trial, Pena requested an independent analysis of the evidence. Thereafter, it was discovered that the alleged marihuana had been destroyed and all records documenting the testing of the evidence were lost excepting a lab report. The trial court denied Pena's motion to suppress the lab report, and Pena was convicted.

Because we conclude that the due course clause...

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