Gomez v. State

OPINION

GONZALEZ, Justice.

This is an appeal from a conviction by a jury for murder. Punishment was assessed by the court at ten years.

The sole ground of error is the admission of an extraneous offense. We affirm.

Without objection appellant was tried jointly with Roel Rodriguez under separate indictments. Appellant and Rodriguez were represented by the same retained counsel.

As part of the defense case, Rodriguez testified that appellant fired the fatal shots in response to the deceased’s advancing on appellant with a knife. Appellant did not testify. Based on Rodriguez’ testimony appellant…