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Calixto v. State

A defendant's own out-of-court statement is not hearsay when offered against him.

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A pickup truck driven by appellant Romualdo Calixto forced another truck driven by Enrique Rodriguez to the side of the road. Silvestre Martinez Calixto, in the truck with his brother Romualdo, then fired at least ten gunshots at Rodriguez. Four bullets struck Rodriguez, killing him. At a joint trial, a jury found both appellant and Silvestre Calixto guilty of murder and assessed punishment at imprisonment for life. See Tex. Pen. Code Ann. � 19.02 (West 1994).

Appellant brings forward twelve points of error asserting error in the admission of evidence and in the jury charge, and complaining that his trial counsel was ineffective. We will overrule these points and affirm appellant’s conviction. *fn1

Rodriguez’s murder was the outgrowth of a feud between the Calixto and Rodriguez families in Mexico. Members of appellant’s family testified that there had been bad blood between the families for many years. They said that a member of the Rodriguez family fatally shot appellant’s uncle in Mexico in 1988, and that another Rodriguez fatally shot appellant’s cousin in Mexico one month before the instant shooting.

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