Mendez v. State

Appellant David Andrew Mendez was convicted of capital murder. See Tex. Pen. Code Ann. � 19.03(a)(7)(A) (West 1994). Because the State did not seek the death penalty, appellant was sentenced to life imprisonment. Appellant asserts that he was denied his constitutional right to be confronted with the witnesses against him and that the evidence is insufficient to support his conviction. We will reverse and remand.

BACKGROUND

On October 1, 1997, Francisco Vasquez and George Rodriguez were shot and killed in the Vasquez family home’s garage, which had been converted into a bedroom. The next-door neighbor heard several shots and then saw two men run from the house and escape in a gray Blazer-type vehicle. Another neighbor heard gunshots and looked toward the house; she heard a car start and saw a light-colored, sport-utility vehicle drive past her at a rapid speed. She later identified appellant as the driver of the vehicle. Based on this and other information, the police went to appellant’s apartment and asked appellant and three of his friends-Saul Isaac Flores, John Frizzell, and Joel Gonzales-to come to the station for questioning. Appellant was questioned and released, as were Frizzell and Gonzales. However, during questioning, Flores gave police a statement confessing to participation in the murders and implicating appellant as the primary actor in the murders. Appellant was subsequently arrested and indicted for capital murder.