Melendez v. State

OPINION

O’CONNOR, Justice.

We deny the State’s motion to abate this appeal, and reverse and remand for a new trial pursuant to Tex.R.App.P. 50(e). A jury convicted the appellant, Elíseo Melendez, of possession of cocaine with intent to deliver. The trial court assessed punishment, enhanced by an earlier felony, at 25-years confinement. On appeal, the State discovered that a crucial exhibit had been lost and attempted to substitute the affidavits of the trial attorneys for the exhibit. The appellant opposed the substitution.

Fact Summary

Acting on an anonymous tip, Houston Police Officer F.A.…