MARTINEZ v. STATE

No. 11-09-00274-CR.

337 S.W.3d 446 (2011)

Michael MARTINEZ, Jr., Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Eastland.

March 3, 2011.


Attorney(s) appearing for the Case

David W. Thedford , Abilene, for appellant.

James Eidson , District Attorney, Patricia Dyer , Assistant District Attorney, Abilene, for appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.


OPINION

TERRY McCALL, Justice.

Michael Martinez, Jr., appellant, was fifteen years old at the time of the offense but was certified to be tried as an adult. He was indicted for the murder of Eric McMahon, a homeless man who had been asleep in a dumpster in an alley near the Mission in Abilene. Two eyewitnesses watched appellant climb into the dumpster where he began stomping near the victim's head and then dropped a cinder block multiple times on the victim...

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