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Ramirez v. State

Because the trial court lacked reason to believe the appellant's misbehavior would cease, appellant's expulsion was not constitutionally improper.

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AFFIRMED.

MAJORITY OPINION

Appellant, Felix Ramirez, Jr., was convicted by a jury of the offense of capital murder. The State did not seek the death penalty, and appellant was sentenced to life imprisonment. In four points of error, appellant contends: (1) the trial court erred in overruling his motion to suppress confessions obtained in violation of his right to counsel; (2) the trial court erred in overruling his motion to suppress confessions that were the product of improper inducement; (3) he was denied the effective assistance of counsel; and (4) he was denied his constitutional right to be present at trial. We affirm. On the night of June 3, 2000, appellant and Maria Cervantes returned to the latter’s home after attending a party. After dismissing the babysitter, Ms. Cervantes put her two- and-a-half year old son, Alberto Mata III, to bed. Sometime during the night, however, the child awoke and began crying. Appellant got out of bed to tend to the child, but his ministrations proved fatal: examination later showed Alberto had fractured ribs and a ruptured heart.

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