Court of Criminal Appeals of Texas

Ernesto Ortega Varela, Appellant v. the State of Texas, Appellee

February 8, 19781978 Tex. Crim. App. LEXIS 1031

Summary

The Court affirmed the conviction for heroin sale, holding that the State's failure to produce the informant Jimmy Levine did not violate the appellant's Sixth Amendment right to compulsory process because the State made diligent, good‑faith efforts to locate the witness; likewise, the trial court's denial of the continuance, suppression motion, jury‑instruction objections, second argument limitation, and new‑trial request were all affirmed. A dissent argued that the majority erred and should have reversed on compulsory‑process grounds.