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Judge Grants State Motion to Fingerprint Jose Roberto Lopez; Jury Begins Punishment Phase
Summary
The court granted the state's motion to take fingerprints of defendant Jose Roberto Lopez, admitted prior-conviction records (with redactions), heard fingerprint-expert testimony matching booking prints to in-court prints, and sent the jury to deliberate on punishment and habitual-offender enhancements.
Judge Stephanie Boyd granted the State’s motion to fingerprint the defendant in the Jose Roberto Lopez matter and allowed the state to introduce fingerprint and prior-conviction records as evidence during the punishment phase of trial.
The court considered defense objections to the timeliness of the motion and to a business-records affidavit attached to a Texas Department of Criminal Justice document. The state relied on a string of Court of Criminal Appeals authority — including Gordon v. State and Kissell v. State — in arguing fingerprints may be taken and used without violating the privilege against self-incrimination. The court ruled the…
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