We're trying a drive-by shooting where our genius shooters picked the wrong house and managed to shoot the husband and wife owners of the house through the walls.

Have a driver and two shooters. Driver and one shooter pled guilty and have been sent to their TDC vacations. Other shooter (who did not actually get a shot off because his gun misfired) goes on trial this morning as a party to Ag Assault Deadly Weapon.

Question: Can the co-defendants' judgments be admitted at guilt/innocence (with the number of years assessed redacted) for purposes of showing that the co-defendants committed the offense?

Any law or case would be heplful.

Thanks.

First, I would think -- assuming the co-defendant does not testify in your trial -- that it would violate Crawford to introduce a co-defendant's guilty plea. People v. Duff, 872 N.E.2d 46, 50-51 (Ill.App. 1 Dist. 2007); but cf. Robinson v. State, 01-00-00908-CR, 2002 WL 188466 at *7-8 (Tex.App.-Houston [1 Dist.] February 7, 2002, no pet.)(co-defendant's guilty plea did not violate Burton rule).

If you can get past confrontation, then there is conflicting case law on the general admissibility of a non-testifying co-defendant's guilty plea. Adamoh v. State, 01-96-01237-CR, 1998 WL 751935 at *3 (Tex.App. - Houston [1 Dist.] October 29, 1998, pet. ref'd) ("Appellant was charged as a party; consequently, evidence that the codefendant- principal was convicted was admissible. Forbes v. State, 513 S.W.2d 72, 79 (Tex. Crim. App.1974); Williams v. State, 760 S.W.2d 292, 295 (Tex.App.-Texarkana 1988, pet. ref'd)."); contra Torres v. State, 92 S.W.3d 911, 917-18 (Tex.App.-Houston [14th Dist.] 1998, pet. ref'd)("The disposition of a codefendant's case is *918 generally not admissible in the trial of another codefendant. Miller v. State, 741 S.W.2d 382, 389-90 (Tex.Crim.App.1987);").
I think the Forbes line of cases was based upon a long abandoned party -- accomplice Penal provision.

David:

First of all thanks for your help and the cases. I had the same concern with Crawford that you shared.

I'll pull the other cases and take a read.