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PENA v. STATE

No. PD-0966-05.

191 S.W.3d 133 (2006)

Jose PENA, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

April 26, 2006.

Attorney(s) appearing for the Case

Scott Ramsey, Houston, for Appellant.

Jeffrey L. Van Horn, First Asst. State's Atty., Matthew Paul, State's Atty., Austin, for State.

KELLER, P.J., delivered the opinion of the Court in which PRICE, JOHNSON, HOLCOMB, and COCHRAN, JJ., joined.

The Court of Appeals reversed appellant's conviction after determining that the Texas Constitution grants broader protection than the United States Constitution when evidence is lost or destroyed. This issue was neither raised on appeal nor briefed by the parties. We hold that the Court of Appeals erred in failing to give the parties the opportunity to brief the issue.

I. BACKGROUND

Appellant was charged with...

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