Pena V. State

A jury convicted Jose Pena of possessing marihuana in the amount of 5 pounds or more but less than 50 pounds and, after finding enhancement allegations true, assessed his punishment at life imprisonment. Pena contends in six points that: (1) the admission of evidence regarding the results of DPS lab testing of the plants seized from his van violated his rights under the Due Process Clause of the United States Constitution and the Due Course of Law provision of the Texas Constitution because the plants and the DPS file regarding the plants were lost or destroyed before trial; (2) the court abused its discretion by failing to grant a motion for new trial because of trial counsel's failure to raise a speedy trial claim and counsel's failure to request a mistake-of-fact instruction in the charge (two points); (3) he received ineffective assistance of counsel because of these failures (two points); and (4) he was denied due process and due course of law because of the State's failure to disclose Brady evidence before trial.