Cruz, David

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

PD-0404-05

DAVID CRUZ, Appellant

v.

THE STATE OF TEXAS

On Discretionary Review of Case 08-03-00313-CR of the

Eighth Court of Appeals,

El Paso County

The appellant was tried before an El Paso county jury for capital murder. During the State's closing argument, the following exchange occurred:

[The State]: They want to say first that it's self-defense. Well, in order to have self-defense, what has to happen is someone says, "Yeah, I committed this crime. I committed this murder. I did this and I intended to do this because I was in fear of my life."

[Defense…