(DOWNLOAD) "Esequel Banda v. State Texas" by Court of Criminal Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Esequel Banda v. State Texas
- Author : Court of Criminal Appeals of Texas
- Release Date : January 14, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 87 KB
Description
Appellant was convicted of the offense of capital murder under V.T.C.A., Penal Code, Section 19.03(a)(2).1 The jury answered
the special issues affirmatively and punishment was assessed accordingly at death. Article 37.071(b), V.A.C.C.P.2 Appellant's
conviction was affirmed on direct appeal. Banda v. State, 768 S.W.2d 294 (Tex.Cr.App.), cert. denied, 493 U.S. 923, 107 L.
Ed. 2d 270, 110 S. Ct. 291 (1989). We granted appellant's writ of habeas corpus and this judgment was vacated due to ineffective
assistance of counsel on appeal. Ex parte Banda, No. 21,327-02 (Tex.Cr.App., October 21, 1992) (not designated for publication).
Appellant was granted this out-of-time appeal and he raises twenty-six points of error. We will affirm. Sufficiency of the Evidence In his twenty-fifth point of error, appellant contends that the evidence is insufficient to establish
his guilt. Viewed in the light most favorable to the verdict, the evidence at trial established the following: On the evening
of August 2, 1986, appellant and his brother, Juan "Johnny" Banda, had been playing poker and drinking beer at the home of
a friend in Hamilton. After about four hours, appellant and Johnny returned home, where they continued to drink beer with
some other friends, including Brenda Hunter and another of appellant's brothers, David. After everyone except he and Johnny
had left, appellant talked about needing some money. Johnny mentioned an old lady who owned some rent houses who he thought
might have some money. The brothers went over to the victim's home, knocked on the door, and when the woman opened it, appellant
hit her, knocking her to the floor, while Johnny looked for something to steal.
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