Montemayor v. State

The trial court did not abuse its discretion in allowing the jury to deliberate for 18 hours.

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A jury found Noah Daniel Montemayor guilty of murdering more than one person in the same criminal transaction and convicted him of capital murder. See Tex. Penal Code Ann. � 19.03(a)(7)(A) (West 1994). The jury found that there were sufficient mitigating circumstances to warrant punishment of life imprisonment rather than death. See Tex. Code Crim. Proc. Ann. art. 37.071, � 2(e)(i) (West Supp. 2001). The trial court sentenced appellant to life imprisonment. See id. � 2(g). On appeal, appellant asserts that the evidence is insufficient to support the jury’s verdict, and that the trial court erred in admitting unlawfully obtained evidence, in receiving a coerced verdict, and in removing appointed trial counsel. We will affirm the judgment.

The grand jury charged that appellant did “unlawfully during the same criminal transaction, intentionally and knowingly cause the death of Edimburgo Martinez by shooting Edimburgo Martinez with a firearm, and intentionally and knowingly cause the death of Jose Vitela by shooting Jose Vitela with a firearm.”

Sufficiency of the Evidence

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Montemayor v. State

The trial court did not abuse its discretion in allowing the jury to deliberate for 18 hours.

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