Fernando Garcia v. State Texas
TX.40519 (1994)
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Descripción editorial
Appellant was found guilty of murder while in the course of committing or attempting to commit aggravated sexual assault.
V.T.C.A., Penal Code, Section 19.03(a)(2). After the jury answered the two special issues in the affirmative the trial court
assessed punishment at death. Article 37.071, V.A.C.C.P. Direct review by this Court is automatic. Article 37.071(h), V.A.C.C.P.
Appellant raises twenty-six points of error, but does not challenge the sufficiency of the evidence at either stage of trial.
We will affirm appellant's conviction. In points of error nine through fifteen, appellant contends that the trial court erred in failing to suppress evidence1
obtained from three separate searches of appellant's residence2 in violation of the United States and Texas Constitutions
and the Texas Code of Criminal Procedure.3 In order to address these points, we will first review the pertinent facts.