Eslava v. State

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Joseph A. Eslava, Jr. was indicted and convicted for the murder of one-year-old Derrick Pender. He was sentenced to life imprisonment. Six issues are raised on appeal.

I

The defendant argues that the trial court erred in admitting evidence of prior injuries sustained by Derrick Pender absent clear and convincing proof that they were inflicted by the defendant.

It is undisputed that on December 3, 1983, Derrick Pender died as a result of injuries admittedly inflicted…