Fonseca v. State

OPINION

DUNCAN, Justice.

George C. Fonseca was charged and convicted of murder with a deadly weapon and sentenced to ninety-nine years in prison and fined $10,000. Fonseca appeals. Because the trial court erroneously excluded four witnesses’ hearsay testimony indicating the murder was not committed by Fonseca but by another, we reverse and remand this case for a new trial.

FACTUAL BACKGROUND

At approximately 11:00 p.m., Joseph Es-quivel and Duke Castoreña were visiting with •their friend, James Humphreys, on Hum-phreys’ front porch. When a car passed by the house, Esquivel looked towards the…