PENA v. STATE

No. PD-1411-07.

285 S.W.3d 459 (2009)

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

Court of Criminal Appeals of Texas.

Rehearing Denied June 24, 2009.


Attorney(s) appearing for the Case

Scott Ramsey, Houston, for Appellant.

Sue Korioth, Special Prosecutor, Leon County District Atty. Office, Dallas, Jeffrey L. Van Horn, State's Atty., Austin, for State.


OPINION

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

Jose Luis Pena objected to the admission of lab test results because the State destroyed the substance tested before trial. He objected under the Texas Constitution's due course of law provision but failed to argue, before the trial judge, that it is more protective than the federal Due Process Clause. The lower court held that Pena...

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