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Thursday, May 2, 2013 - 7:31pm
El Paso, TX (KDBC) — Convicted David Marmolejo will stay in prison after an appeals court upheld a San Antonio jury's verdict.
Four years ago, Gloria Marmolejo's body was found in the Santa Teresa Desert.
Marmolejo's son, David, was convicted of strangling her to death after his mother came to town to confront him about his relationship with his step-sister.
A San Antonio jury sentenced him to 54 years in prison. He filed for an appeal saying there wasn't enough evidence to support the conviction.
The judge should have instructed the jury to consider the lesser charge of manslaughter and he was denied the right to cross-examine a material witness.
The eighth court of appeals in El Paso overruled each of those claims, upholding his conviction.