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Dixon v. State

An oral motion for continuance during trial does not preserve error for appellate review, even in the face of an assertion that the court's equitable powers allow consideration of the issue.

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Appellant, Dustin Dwain Dixon, appeals from his conviction for murder and sentence of incarceration for life. He urges that the trial court erred in failing to grant a continuance for him to locate and subpoena a witness and by improperly instructing the jury in response to jury questions during deliberations. He also urges that he received ineffective assistance of counsel. We affirm.

BACKGROUND

During the early hours of July 20, 1998, appellant attended a party in Amarillo with several of his friends, all of whom were members of the Southside La Familia gang. Some of the gang members picked up Casey Cox, a female acquaintance who lived in the neighborhood, and took her to the party. As the party progressed, Cox and appellant went into a bedroom to have sex. After some time had passed, Nicholas Warr went into the bedroom and found appellant talking with Cox. Appellant and Warr left the bedroom to discuss a matter outside the hearing of Cox. Appellant told Warr that he suspected Cox *fn1 was trying to give him the AIDS virus by attempting to have sex with him. During the party, appellant discussed a plan to murder Cox with Warr and two other gang members, Cory Polley and Stephanie Baeza.

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