ZAMORA v. STATE

No. PD-1395-12.

411 S.W.3d 504 (2013)

Jaime Arturo ZAMORA, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

October 23, 2013.


Attorney(s) appearing for the Case

Clay S. Conrad , Attorney at Law, Houston, TX, for Appellant.

Jessica A. Caird , Assistant District Attorney, Houston, Lisa C. McMinn , State's Attorney, Austin, TX, for The State of Texas.


OPINION

ALCALA, J., delivered the opinion for a unanimous Court.

Must a trial court sua sponte give an accomplice-witness instruction when the evidence raises the issue under the theory that the witness was a party as a co-conspirator? We answer this question affirmatively. Furthermore, we conclude that, when the issue of a trial court's failure to give an accomplice-witness instruction is raised on appeal, a court of appeals should first determine...

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