Death sentence upheld in 2011 One Guy From Italy robbery-slaying

Updated: Feb. 1, 2017 at 12:03 PM CST
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HOUSTON, TX (AP) - The state's highest criminal court has upheld the death sentence of a 37-year-old man convicted of a fatal shooting during a robbery of a Lubbock restaurant the day after Christmas in 2011.

Lawyers for condemned prisoner Brian Suniga raised what they said were 17 points of error from his trial in Lubbock in 2014, including questions about jury selection, exclusion of some evidence, denial of a request to move the trial from Lubbock and testimony about the victim's autopsy. The Texas Court of Criminal Appeals on Wednesday rejected all 17 points of error.

Suniga was convicted of capital murder for the shooting death of 26-year-old David Rowser, who was a waiter at One Guy From Italy restaurant on 50th Street in Lubbock. The restaurant's tip jar was taken in the holdup.

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