Rodriguez v. State

Hervey, J., filed a concurring opinion in which Walker, J., joined.

I concur in the majority's disposition, but I write separately to address an issue which continues to deserve attention.

A defendant cannot be convicted upon the testimony of only an accomplice unless that testimony is "corroborated by other evidence tending to connect the defendant with the offense committed ...." TEX. CODE CRIM. PROC. art. 38.14 (accomplice-witness rule). Similarly, a defendant cannot be convicted upon the testimony of only a "jail house" informant unless the informant's testimony is "corroborated by other…