Legal Opinion

Montoya v. State

Texas Court of Appeals, 10th District (Waco)

Decided February 28, 2001No. 10-99-095-CR, 10-99-096-CRPublishedCited by 55 opinions

1Opinion of the Court

OPINION

GRAY, Justice.

Vincent A Montoya was found guilty by a jury of the crimes of aggravated sexual assault and aggravated kidnapping. On appeal, Montoya complains that (1) the 911 tape was not properly authenticated and should not have been admitted; (2) the trial court erred in denying his motion for mistrial after the State published the 911 tape which included prejudicial statements; and (3) the State improperly bolstered the victim’s identification testimony. We affirm the judgment of the trial court in each of the companion cases.

Factual and Procedural background

Montoya does not…

2Cases cited14 opinions

  1. Santellan v. StateCourt of Criminal Appeals of Texas · 1997
  2. Cockrell v. StateCourt of Criminal Appeals of Texas · 1996
  3. Lankston v. StateCourt of Criminal Appeals of Texas · 1992
  4. David W. McKay v. TexasSupreme Court of the United States · 1986
  5. Cohn v. StateCourt of Criminal Appeals of Texas · 1993

9 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Rivas v. StateCourt of Criminal Appeals of Texas · 2009
  2. In re J.G.Court of Appeals of Texas · 2006
  3. Simmons v. State, Texas Court of Appeals, 1st District (Houston)2009
  4. Bitterman v. State, Texas Court of Appeals, 10th District (Waco)2004
  5. Bitterman v. State, Texas Court of Appeals, 10th District (Waco)2004

50 more not listed; retrieve them via the Exa API.

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