Benitez v. State

BRIAN QUINN, Justice.

Appellant, Tomas Benitez, Jr., appeals his conviction for burglary of a habitation with intent to commit aggravated assault and for aggravated assault. He raises three issues. The first two concern an alleged violation of the Texas spousal privilege laws. The third involves the victim’s identification of appellant as the assailant; allegedly, it was tainted by an unreasonably suggestive pretrial identification. We affirm.

Background

After retiring to bed during the early evening of August 7, 1996, Armandina Uvalle was awaken by a loud “bang.” She rose from bed, proceeded…