David Medina v. State of Texas--Appeal from 108th District Court of Potter County

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NO. 07-01-0108-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E DECEMBER 30, 2002 ______________________________ DAVID MEDINA, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 108TH DISTRICT COURT OF POTTER COUNTY; NO. 43029-E; HON. ABE LOPEZ, PRESIDING _______________________________ Before QUINN and REAVIS, JJ., and BOYD, SJ.* David Medina (appellant) appeals from a final judgment under which he was convicted of delivery of a controlled substance. Through a single issue, he contends that he was denied due process and a fair trial since the State failed to allow [him] to take a shower or sleep on anything other than concrete prior to the [punishment] hearing and the trial court would not allow him to explain his appearance to the jury. This issue is identical to that raised in David Medina v. State, No. 07-01-0107-CR, pending in this court. * John T. Boyd, Chief Justice (Ret.), Seventh Cou rt of Appeals, sitting by assignment. Tex. Gov t Code Ann. §75.00 2(a)(1) (V erno n Su pp. 2002 ). Consequently, we adopt the reasoning and discussion in our opinion issued this day in cause number 07-01-0107-CR and conclude that it sufficiently disposes of the single issue appellant raises at bar. In doing so, we also overrule appellant s contention and affirm the judgment entered below. Brian Quinn Justice Do not publish. 2

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