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Carballo v. State

In the defendant's trial for aggravated robbery, the trial court correctly ruled that the defendant could not read his own written statement about the events. The trial court itself did not actually prevent the defendant from testifying because the trial court did not have a duty to interfere with defense counsel's trial strategy not to question the defendant. Evidence showed that the defendant approached the victim and engaged him in conversation before demanding his car keys. The defendant then pulled a handgun from his pocket and shot the victim five times during the subsequent struggle. The victim, who was able to see the defendant run to a vehicle and leave the scene, called his wife and then 9-1-1 and described the defendant to officers before he collapsed. After spending a month in a coma, the victim picked the defendant out of a photographic lineup.

 

Carballo v. State No. 1-07-00824-CR