Court of Criminal Appeals of Texas

David Renteria, Appellant v. the State of Texas

October 4, 20062006 Tex. Crim. App. LEXIS 1919

Summary

The Court affirmed the conviction but reversed the death sentence, holding that the trial court erred by excluding the appellant's out‑of‑court remorse statement after the State opened the door to it, and that this constitutional error was not harmless. The Court also affirmed the trial court's discretionary rulings on continuance, the search warrant, and other procedural matters. The case was remanded for a new sentencing hearing where the remorse evidence must be admitted. Justice KELLER, dissenting, argued that the remorse statement was not genuine remorse and its exclusion did not affect the sentencing outcome.