Pena v. State

OPINION

in which KELLER, P.J., MEYERS, WOMACK, and HERVEY, JJ., joined.

Jose Luis Pena objected to the admission of lab test results because the State destroyed the substance tested before trial. He objected under the Texas Constitution’s due course of law provision but failed to argue, before the trial judge, that it is more protective than the federal Due Process Clause. The lower court held that Pena’s Texas constitutional claim was preserved and reversed on that ground.1 We hold that it was not and reverse the court’s judgment.

Background

Pena was charged with possession of marijuana that was…