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PECINA v. STATE

No. PD-1095-10.

361 S.W.3d 68 (2012)

Alfredo Leyva PECINA, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

January 25, 2012.

Attorney(s) appearing for the Case

Richard A. Henderson , Fort Worth, for Appellant.

C. James Gibson , Asst. Crim. D.A., Fort Worth , Lisa C. McMinn , State's Attorney, Austin, for State.

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

A Tarrant County jury convicted appellant of the murder of his wife. The trial judge denied appellant's motion to suppress his statements to police during custodial questioning at a hospital after a magistrate had given him his Article 15.17 rights.1 The trial judge rejected appellant's claim that he had invoked both his Fifth and Sixth Amendment rights to counsel when he asked the magistrate for an...

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