- Associated Press - Wednesday, December 16, 2015

HOUSTON (AP) - The state’s highest criminal court has ordered a new punishment hearing for a Rio Grande Valley man on death row for 25 years for the fatal shooting of a 14-year-old boy during a convenience store robbery.

Trial lawyers said they failed to properly object to a jury instruction related to testimony from an accomplice of convicted murderer Hector Torres Garcia.

The Texas Court of Criminal Appeals ruling Wednesday supports the findings of a Hidalgo County trial court judge. The accomplice had been given immunity in exchange for his testimony at Garcia’s 1990 trial.

Garcia, now 54, was condemned for killing Eduardo Rios.

Rios was waiting for his 17-year-old sister to get off work at a store near Edinburg when he was shot to death in the August 1989 holdup.

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