Court of Criminal Appeals of Texas

Ricardo Aldape Guerra, Appellant v. the State of Texas, Appellee

May 4, 19881988 Tex. Crim. App. LEXIS 90

Summary

The Court of Criminal Appeals of Texas affirmed Ricardo Aldape Guerra's conviction and death sentence for capital murder of Officer James Harris. The majority held that the officer was acting within the lawful discharge of his official duties, that the jury's answers to both special issues were supported by the evidence, and that the trial court did not err in admitting extraneous robbery evidence, in its juror challenges, or in allowing witness Marie Armijo to testify. The dissent argued that admitting Armijo violated Article 36.03 and constituted an abuse of discretion.