Rodriguez v. State

OPINION ON REHEARING

KEM THOMPSON FROST, Justice.

Appellant’s motion for rehearing is overruled. This court’s opinion of December 16, 1999, is withdrawn, and this opinion is issued in its place.

INTRODUCTION

This is an appeal of a murder case tried to a jury. Appellant, Amador Cesario Rodriguez, complains that the trial court erred in denying his motion for continuance and motion for new trial, both of which were based on the failure of a key but unsubpoenaed witness to appear at trial. Appellant also complains that the denial of his motion for continuance and motion for new trial violated his…