Diaz v. State

Sears-Collins, Justice.

The appellant, Dennis Lee Diaz, was convicted of felony murder and two counts of cruelty to children. For purposes of sentencing, the trial court merged the convictions for cruelty to children with the felony murder conviction, and sentenced the appellant to life imprison ment for the latter conviction. The appellant now appeals, and we affirm.

The evidence produced in this case showed that five-year-old Barry Kennedy disappeared from the duplex in which he lived with his mother, his two-year-old sister, Davida, and his mother’s live-in boyfriend, the appellant. Donna…