Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
VS.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

MOTION FOR DISCOVERY OF CORROBORATIVE
EVIDENCE TO ACCOMPLICE TESTIMONY

TO THE HONORABLE JUDGE OF SAID COURT:

	NOW COMES ***, the Defendant in the above entitled and numbered cause, by and 
through his/her attorney of record, and would show unto the Court as follows:
	
I.
	The present case is founded in substantial measure upon the testimony of one or more accomplice witnesses.  In order to adequately prepare for trial upon the merits, the Defendant must be informed of the identity of the accomplice witness and of the non accomplice testimony that tends to connect the Defendant to the charged offense.  In light of the requirement in 38.14 of the Texas Code of Criminal Procedure, that accomplice testimony be corroborated in order to support a conviction, the Defendant prays for discovery of the facts, circumstances and witnesses by which the State intends to corroborate the accomplice testimony and connect the Defendant to the offense charged. Failure to provide that evidence prior to trial would violate the Defendant's rights under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution, Article I, Sections 10 and 19 of the Texas Constitution, and Articles 1.04, 1.05 and 1.051(a) of the Texas Code Criminal Procedure.

III.

	Mere presence of the accused in the company of an accomplice is insufficient to corroborate the accomplice testimony.  Dowthitt v. State, 931 S.W.2d 244 (Tex. Crim. App. 1996); Ayala v. State, 511 S.W.2d 284 (Tex. Crim. App. 1974).  Testimony of one accomplice cannot corroborate the testimony of another. Chapman v. State, 470 S.W.2d 656 (Tex. Crim. App. 1971); Moron v. State, 779 S.W.2d 399 (Tex. Crim. App. 1985); Arney v. State, 580 S.W.2d 836 (Tex. Crim. App. 1979) (overruled on other grounds).  The mere showing that an offense occurred is not sufficient corroboration. Harris v. State, 738 S.W.2d 207 (Tex. Crim. App. 1986); Moron v. State, S.W.2d 399 (Tex. Crim. App. 1985). In Cherb v. State, 472 S.W.2d 273 (Tex. Crim. App. 1971), the Court of Criminal Appeals stated the rule governing the test of the sufficiency of the corroboration of an accomplice witness' testimony:  "We must eliminate the evidence of the accomplice from consideration and then examine the evidence of other witnesses to ascertain if there is inculpatory evidence or evidence of incriminating character which tends to connect the accused with the commission of the offense.  If there is such evidence, the corroboration is sufficient, otherwise, it is not."  Accord Gamez v. State, 737 S.W.2d 315 (Tex. Crim. App. 1987); Losada v. State, 721 S.W.2d 305 (Tex. Crim. App. 1986).
WHEREFORE, PREMISES CONSIDERED, Defendant herein would pray for the Court to 
order the State to reveal the identity of the accomplice witness and any evidence which would tend to corroborate any accomplice testimony relevant to the case at bar.

								Respectfully Submitted,

								________________________________
								Attorney Name
								State Bar Number
								Address
								City, State, Zip
								Phone 
								Fax

								Attorney for Defendant
								***

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Motion for Discovery of Corroborative Evidence to Accomplice Testimony was served upon the attorney for the State on 
________________________, 200___.

								________________________________
								Attorney for Defendant
Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

ORDER

BE IT REMEMBERED, that on the ______ day of _______________, 200___, came on to 
be considered the above and foregoing Motion for Discovery of Corroborative Evidence by Defendant.  After consideration of the motion and argument of counsel, the motion is:
__________	(GRANTED and the State is ordered to inform the defense in writing the identity of any accomplice the State intends to call as a witness and to provide a written summary of the non accomplice testimony that tends to connect the Defendant to the charged offense.  This information is to be provided to the defense on or before __________________________, 200___.)
__________	(DENIED, to which ruling the Defendant excepts.)

SIGNED on the _____ day of __________________, 200___.

_______________________________
JUDGE PRESIDING