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1 REPORTER'S RECORD

2 VOLUME 1 OF 1 VOLUME

3 TRIAL COURT CAUSE NO. 1101214

4 THE STATE OF TEXAS IN THE DISTRICT COURT OF

5 VS. HARRIS COUNTY, T E X A S

6 EZEQUIEL PENALOZA 351ST JUDICIAL DISTRICT

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EXCERPT OF TESTIMONY
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HONORABLE MARK KENT ELLIS, PRESIDING
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FEBRUARY 4, 2010
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TONI GOUBEAUD, CSR NO. 5774
23 Official Court Reporter- 351st Judicial District
1201 Franklin, 14th Floor
24 Houston, Texas
(713) 755-5620
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1 A P PEA RAN C E S

2 MR. RYAN MITCHELL

SBOT 24053369
3 1201 Franklin, 6th Floor
Houston, Texas 77002
4 Telephone: 713-755-5800

5 ATTORNEY FOR THE STATE OF TEXAS

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MR. ERIC J. DAVIS
7 SBOT 24003493
1314 Texas Avenue, Suite 608
8 Houston, Texas 77002
Telephone: 713-227-2727
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ATTORNEY FOR THE DEFENDANT
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16 BE IT REMEMBERED, on this the 4th day of

17 February, 2010, it came on to be heard in the

18 above-entitled and numbered cause the Jury Trial

19 of the Defendant of which this is an excerpt of

20 testimony before the Honorable Mark Kent Ellis,

21 Judge Presiding of the 351st District Court of

22 Harris county, Texas, and a jury; and all

23 preliminary matters having been disposed of, the

24 following proceedings were had, viz:

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1 PRO C E E DIN G S

2 February.4, 2010

3 (Excerpt of closing argument as requested:)

5 MR. MITCHELL: You-all heard some

6 evidence, which I would have loved to brought you

7 more people, but I couldn't. This case is, does

8 Harris County find what he did okay? And I still

9 don't know what he did, because he won't even say

10 it.

11 MR. DAVIS: Objection, Your Honor.

12 That's improper argument.

13 THE COURT: sustained.

14 MR. DAVIS: Commenting on the

15 defendant's right to remain silent.

16 THE COURT: sustained.

17 MR. DAVIS: I would ask that the

18 jury be instructed to disregard that.

19 THE COURT: The jury will

20 disregard the last statement by the prosecutor.

21 MR. DAVIS: I would move for a

22 mistrial.

23 THE COURT: That will be denied.

24 MR. DAVIS: Thank you.

25 MR. MITCHELL: Because of what

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1 they said in closing argument, to get

2 self-defense, you have to have evidence that while

3 I shot him, I was justified in doing so. Or you

4 have evidence of, I did not shoot him. That's the

5 only two ways to go, and I still don't know which

6 one we have.

7 (Excerpt concluded.)

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 1 THE STATE OF TEXAS

2 COUNTY OF HARRIS

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I, TONI GOUBEAUD, Official Court
4 Reporter in and for the 351st JUdicial District
Court of Harris County, Texas, do hereby certify
5 that the above and foregoing contains a true and
correct transcription of all portions of evidence
6 and other proceedings requested by counsel to be
included in this volume of the Reporter's Record
7 in the above-styled and numbered cause, all of
which occurred in open court or in chambers and
8 were reported by me.

9 I further certify that this

Reporter's Record of the proceedings truly and
10 correctly reflects the exhibits, if any, offered
by the respective parties.
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I further certify that the total cost
12 for the preparation of this Reporter's Record is
$20.00 and was paid or will be paid by Harris
13 County.
I
14 WITNESS my hand this the 10th day
of February, 2010.
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TONI GOUBEAUD, Texas CSR 5774
18 Expiration Date: 12/31/11
Official Court Reporter
19 351st Judicial District Court
Harris County, Texas
20 ~201 Franklin, 14th Floor
Houston, Texas 77002
21 Telephone Number: (713) 755-5620

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