Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Benjamin Trinidad TRUJILLO, Appellant v. The STATE of Texas, Appellee.

SECOND OPINION ON RECONSIDERATION

DON BURGESS, Justice

Pursuant to Tex.R.App.P. 50, we withdraw our opinion of March 22, 2000, and substitute the following in its place.

A jury convicted Benjamin Trujillo of murder and assessed punishment at twenty years' confinement in the Texas Department of Criminal Justice, Institutional Division. Trujillo raises a single issue on appeal contending the trial court erred in denying his motion to suppress two written statements.

During the investigation of the murder, Trujillo twice gave the police written statements indicating he shot his employer, Joseph Sanchez, at Sanchez's place of business. The basis for Trujillo's motion to suppress is the State's violation of a provision of the Vienna Convention treaty.

Our Court of Criminal Appeals has recently decided this issue in Rocha v. State, No. 73,280, 2000 WL 368923 (Tex.Crim.App. April 12, 2000). Here the court held that "treaties do not constitute `laws' for Article 38.23 purposes.". Rocha, 2000 WL 368923, at *15; see Tex. Code Crim. Proc. Ann. art. 38.23 (Vernon Supp. 2000). This issue is overruled and the judgment of the trial court is AFFIRMED.

Use AI to get other relevant cases.

Comments

TRUJILLO v. STATE
(Jun 13, 2000)