Baptiste v. State

BENHAM, Justice.

Appellant Gerard George Baptiste was convicted in 2003 of the felony murder of Marcos Herrera, whose body was found alongside the body of Jose Perez Garcia in a Douglas County field on November 17, 2002. On appeal, Baptiste questions the denial of his motion to suppress evidence gathered from his pickup truck and from a wiretap on his telephone; the admission of a hearsay statement; and the inclusion in the jury charge of an instruction on party to a crime.

1. The medical examiner testified that Herrera died as a result of a gunshot fired into his head behind the left ear and…