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Herrera v. State

The trial court did not err in refusing to excuse a juror who stated that he was biased against defendant because he was Hispanic, but then affirmed that he could set aside his feelings and decide the case solely on the evidence.

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Appellant Ernesto Domingo Herrera was convicted of malice murder, felony obstruction of a law enforcement officer and fleeing to elude arrest, in connection with the shooting death of Osvaldo Navarro.1 He appeals, asserting, inter alia, the trial court erred in refusing to suppress hospital records showing he used drugs on the day in question. Finding no error, we affirm. Viewing the evidence in a light favorable to the verdict, we find the following: Herrera and the victim lived together in the victim’s house. They quarreled throughout the day. They went to a bar together in the evening, but left in a taxi. Later, Herrera borrowed a pistol from his father-in-law. He went back to the victim’s house to get his vehicle; he put the pistol in his pants.

The victim was shot in front of his house. When the police arrived, they found the victim on the ground; they did not find a knife on or near his person. The victim was rushed to the hospital, but did not survive his injuries. An autopsy showed that two bullets entered the victim’s lower back and exited through the front of his body.

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