HOUSTON (AP) – The Texas Court of Criminal Appeals has upheld the death sentence of a gang member convicted of gunning down a 5-year-old girl and her grandmother three years ago in Fort Worth.

Attorneys for 23-year-old Erick Davila raised 14 points of error from his 2009 trial, including a claim the evidence didn’t support his conviction. The state’s highest criminal court Wednesday rejected all the arguments.

Davila was condemned for fatally shooting 48-year-old Annette Stevenson at her home. Her granddaughter, Queshawn, also was killed at a birthday party for another of Stevenson’s grandchildren. Neighbors say the woman was shot while trying to shield several children.

Several others were wounded that April night after a dark car pulled up and a man got out and began firing at the corner tan-and-brick duplex decorated with a “Happy Birthday” banner and balloons, authorities said

According to prosecutors, Davila made a statement to police saying he was trying to get back at a rival gang that shot him in 2005.

Davila also was charged with another slaying and attacked Tarrant County jailers and maintenance workers during an escape attempt while awaiting trial.

(©2011 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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