Man's murder conviction upheld
Nov. 18, 2012 at 5:18 a.m.
Updated Nov. 19, 2012 at 5:19 a.m.
Last week, justices for the 13th Court of Appeals upheld a Victoria man's murder conviction.
Gilbert Llamas, also known as "Kilo G" or Gilbert Llamas, filed an appeal in July 2011, but the justices said it was frivolous.
Llamas was convicted June 1, 2011, of murder and engaging in organized criminal activity for the June 2002 death of Timothy "Tim" Hunt. He was sentenced to life in prison for both charges.
Brendan Guy, the Victoria County District Attorney's appellate chief, said Llamas was objecting to the testimony of one of the state's witnesses.
"He was saying it was hearsay," Guy said. "It was an admission by a co-conspirator."
"After reading the record or all of the testimony in the trial and after reviewing all the evidence admitted in the trial, it was determined that there was no error that would support a reversal of his conviction," Keith Weiser, Llamas' attorney, said.
Weiser said in order to successfully prosecute an appeal there has to be a "harmful" error in the trial. A harmless error is one that would not change the jury's decision, he said.
Llamas has until Nov. 26 to ask for the appeals court to reconsider.
He may also file a writ of habeas corpus in the trial court saying he's being confined illegally or that his rights have been violated. The state would respond, and a trial court could make a preliminary recommendation or submit its findings regarding his allegations to the Court of Criminal Appeals in Austin.
The Court of Criminal Appeals could then deny it, grant it or order the trial court to conduct an evidentiary hearing.