Hernandez v. State

OPINION

FELIPE REYNA, Justice.

Francisco Javier Hernandez pleaded guilty to possession of cocaine in the amount of 4 grams or more but less than 200 grams with intent to deliver. A jury assessed his punishment at 25 years’ imprisonment and a $10,000 fine. Hernandez contends in two issues that: (1) he was denied due process because the trial court refused to admit his testimony offered to establish the affirmative defense of duress; and (2) this refusal was an abuse of the court’s discretion. We will reverse and remand.

After the State rested, Hernandez took the stand in his own defense. The…