Ayala v. State

Luis Ayala appeals his convictions of three counts of attempted first-degree murder with a firearm,1 two counts of aggravated battery with great bodily harm with a firearm,2 and shooting from a vehicle 3 following an incident that occurred in July 1995. Because he fled to Mexico, Mr. Ayala was not arrested until April 2004 and not tried until November 2004. On appeal, he contends that the trial court erred by permitting the State to introduce testimony from his wife in violation of the marital privilege and by imposing an upward departure sentence without proper findings of fact by the jury.…