# Martinez v. State

> Court of Criminal Appeals of Texas · September 19, 1973 · 498 S.W.2d 938

URL: https://www.frixlaw.com/law-library/cases/9641320

## Case

- **Full name:** Irene MARTINEZ, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** September 19, 1973
- **Citations:** 498 S.W.2d 938; 1973 Tex. Crim. App. LEXIS 2533
- **Precedential status:** Published
- **Opinion:** Concurrence by Roberts
- **Judges:** Green, Roberts, Odom
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9641320

## Opinion text

ROBERTS, Judge
(concurring).
Though I agree with the result reached in this cause, I feel compelled to briefly state my position, in light of my dissent in Butler v. State, 493 S.W.2d 190 (Tex.Cr. App.1973).
Unlike the situation in Butler, the statement in the present cause was highly in-criminative and inculpatory and amounted to a confession of the offense. Therefore, error was committed in the admission of such evidence.
As I stated in a recent case, I do not depart one iota from my feelings expressed in the dissent to Butler. See the concurring opinion in Whiddon v. State, 492 S.W.2d 566 (Tex.Cr.App.1973).
ODOM, J., joins in this concurrence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9641320. Public record. Not legal advice.