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Rogelio Delacerda v. the State of Texas

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OPINION

A jury convicted appellant, Rogelio Delacerda, of murder and assessed punishment at thirty-five years’ confinement and a $10,000 fine.*fn1 In twelve issues, appellant contends that the trial court (1) lacked jurisdiction due to an allegedly invalid order assuming jurisdiction from the juvenile court; (2) erroneously allowed the State to ask improper commitment questions during voir dire; (3) failed to pronounce that a defense exhibit was admitted, which precluded the jury from having all the evidence during deliberations; (4) and (5) erroneously permitted an officer to characterize an interview with appellant, conducted while he was a juvenile, as “not helpful” and erroneously denied appellant’s motion for mistrial relating to the officer’s testimony; (6) erroneously permitted an officer to testify regarding a statement by a witness made while viewing a photospread; (7) erroneously admitted three photographs located in the autopsy report without the proper predicate; (8) erroneously denied appellant’s requested accomplice-witness jury charge instruction; (9) erroneously overruled appellant’s objection to the transferred intent instruction in the charge; (10) erroneously denied appellant’s motion for mistrial after the State mentioned a hearsay statement not introduced in evidence during its closing argument; (11) erroneously permitted an officer, during the punishment phase, to testify regarding the national criminal activity of the Latin Kings gang, without showing any connection to appellant; and (12) erroneously denied appellant’s motion for mistrial after the State described the activities of the Latin Kings and called appellant a “gangster” during its punishment-phase closing argument.

We affirm.

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