David Medina v. State of Texas

• Court: Court of Appeals of Texas
• Decided: December 30, 2002
• Docket: 07-01-00110-CR
• Status: Published

Opinion

NO. 07-01-0110-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

DECEMBER 30, 2002 ______________________________

DAVID MEDINA,

Appellant

v.

THE STATE OF TEXAS,

Appellee _________________________________

FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;

NO. 43137-E; HON. ABE LOPEZ, PRESIDING _______________________________

Before QUINN and REAVIS, JJ., and BOYD, SJ.*

David Medina (appellant) appeals from a final judgment under which he was

convicted of delivery of a controlled substance. Through a single issue, he contends that

he was denied due process and a fair trial since the “State failed to allow [him] to take a

shower or sleep on anything other than concrete prior to the [punishment] hearing” and the

trial court “would not allow him to explain his appearance to the jury.” This issue is identical

to that raised in David Medina v. State, No. 07-01-0107-CR, pending in this court.

* John T. Boyd, Chief Justice (Ret.), Seventh Cou rt of Appeals, sitting by assignment. Tex. Gov’t Code Ann. §75.00 2(a)(1) (V erno n Su pp. 2002 ). Consequently, we adopt the reasoning and discussion in our opinion issued this day

in cause number 07-01-0107-CR and conclude that it sufficiently disposes of the single

issue appellant raises at bar. In doing so, we also overrule appellant’s contention and

affirm the judgment entered below.

Brian Quinn Justice

Do not publish.