[Download] "Pena v. State" by In the Court of Criminal Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Pena v. State
- Author : In the Court of Criminal Appeals of Texas
- Release Date : January 29, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appellant Roberto Pena was indicted with two counts of intoxication manslaughter and two counts of failure to stop and render aid. Before a jury, Appellant pled guilty to all four counts, but pled "not true" to the allegation that he used or exhibited a deadly weapon during the commission of the offense as alleged in each count. The jury found Appellant guilty of all four counts and made an affirmative finding on the use of a deadly weapon for each count. The jury assessed punishment at twenty years imprisonment and a $10,000 fine for each intoxication manslaughter count and five years imprisonment and a $5,000 fine for each failure to stop and render aid count. Upon the States motion, the trial court ordered that the intoxication manslaughter counts be served consecutively, with the failure to stop and render aid counts to be served concurrently. The trial court sentenced Appellant in accordance with the jurys assessment, however we observe the courts final judgments and sentences only contain deadly weapon findings for the intoxication manslaughter offenses. In his sole issue on appeal, Appellant contends the trial court committed reversible error by admitting testimony from a States witness concerning the speed his vehicle was traveling when it struck the victims vehicle and that this testimony severely prejudiced him. We affirm.