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Rodriguez v. State

Citations

  • 104 S.W.3d 87
  • 2003 Tex. Crim. App. LEXIS 100
  • 2003 WL 1534250

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that defendant did not use cocaine as a deadly weapon when he prepped a small amount for his teenage daughter to use and watched while she ingested it
  • holding that testimony that Rodriguez delivered cocaine “maybe 20 or 30 times” during nine months before date alleged in indictment was not evidence of extraneous offenses and that his remedy was to require the State to elect
  • holding that when the indictment alleges only one occurrence of delivery of a controlled substance, the State may introduce other instances of controlled substance deliveries to the same person under the theory that the deliveries are part of the charged offense
  • noting that a person is an accomplice if he participates before, during, or after the commission of a crime and can be prosecuted for the same offense as the defendant or a lesser-included offense
  • doctor testified that cocaine is a lethal substance and that any amount can cause of myriad of side effects, including death
  • absent election, evidence of multiple occurrences of an act alleged in the indictment is not “extraneous offense” evidence; every act for which evidence is presented is covered by the indictment and, upon conviction, is jeopardy-barred

Source: CourtListener parenthetical corpus (CC0).

Judges: Hervey, Keller, Womack, Keasler, Holcomb, Cochran, Meyers, Price, Johnson

Read full opinion on CourtListener

Cited by

61 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.