Hernandez v. State

OPINION

VANCE, Justice.

Erie Lee Hernandez was charged by indictment with the felony offenses of murder and injury to a child. Tex. Penal Code Ann. §§ 19.02, 22.04 (Vernon 1994). He pled not guilty to the indictment, and a jury found him guilty of both offenses. The jury assessed punishment at sixty-five years in prison for murder and life in prison for injury to a child. He appeals on three points. We will affirm the judgment.

The victim of Hernandez’s offenses was the seventeen-month-old daughter of Beriin-da Cantu. The victim died on September 6, 1993, from acute peritomtis, a traumatic tear…