Melendez v. State

I agree with the opinion of the majority that appellant is entitled to a new trial because a key piece of evidence — Exhibit 6 (a gum wrapper) — was somehow lost, and the court of appeals found it was unable to determine without that evidence “whether the jury could find beyond a reasonable doubt that two gum wrappers were from the same pack of gum.” Melendez v. State, 902 S.W.2d 28, 29 (Tex.App.-Houston [1st Dist.] 1995). However, I must respectfully disagree with the opinion of the majority that exhibits at trial are part of the statement of facts and that where an exhibit has been lost or…