Category Archives: 4th Court of Appeals – CR

The Fourth Court of Appeals, in San Antonio, Texas, covers Atascosa, Bandera, Bexar, Brooks, Dimmit, Duval, Edwards, Frio, Gillespie, Guadalupe, Jim Hogg, Jim Wells, Karnes, Kendall, Kerr, Kimble, Kinney, La Salle, Mason, Maverick, McMullen, Medina, Menard, Real, Starr, Sutton, Uvalde, Val Verde, Webb, Wilson, Zapata, and Zavala counties.

04-12-00096-CR Zachary Paul Franklin v. The State of Texas–Appeal from 399th Judicial District Court of Bexar County

Zachary Paul Franklin appeals the trial court’s judgments adjudicating him guilty in two separate causes. In trial court cause number 2009-CR-6185, Franklin was charged with possession of more than one gram, but less than four grams, of a penalty group … Continue reading

Posted in 4th Court of Appeals - CR | Tagged , , | Leave a comment

04-11-00916-CR James Brownlow v. The State of Texas–Appeal from 290th Judicial District Court of Bexar County

Appellant James Brownlow appeals the trial court’s order adjudicating him guilty and sentencing him to two years confinement in the Texas Department of Criminal Justice Institutional Division. On appeal, Brownlow contends the trial court erred in granting the State’s motion … Continue reading

Posted in 4th Court of Appeals - CR | Tagged , , | Leave a comment

04-11-00891-CR James Garza v. The State of Texas–Appeal from 290th Judicial District Court of Bexar County

A jury convicted appellant James Garza of capital murder. The State waived the death penalty and the trial court sentenced Garza to confinement for life without parole. On appeal, Garza contends his sentence violates the Eighth Amendment’s prohibition against cruel … Continue reading

Posted in 4th Court of Appeals - CR | Tagged , , | Leave a comment

04-12-00239-CR Alfonso Laurence Solomon v. The State of Texas–Appeal from 7th District Court of Smith County – Pub.

In this appeal, appellant Alfonso Solomon, who was adjudicated guilty of the offense of aggravated robbery, complains the trial court erred in assessing court costs of $570.00. Solomon seems to contend the trial court erred in assessing $570.00 in court … Continue reading

Posted in 4th Court of Appeals - CR, Published | Tagged , , , | Leave a comment

04-11-00783-CR Armando Simon v. The State of Texas–Appeal from 290th Judicial District Court of Bexar County

Armando Simon was convicted by a jury of the offense of failing to comply with a sex offender registration requirement. On appeal, Simon challenges the sufficiency of the evidence to support his conviction. We affirm the trial court’s judgment. TRIAL … Continue reading

Posted in 4th Court of Appeals - CR | Tagged , , | Leave a comment

04-11-00579-CR The State of Texas v. Baldemar Chavera–Appeal from 79th Judicial District Court of Jim Wells County – Rev. – Pub.

Baldemar Chavera was convicted by a jury of tampering with a governmental record. Chavera filed a motion for new trial, challenging the legal sufficiency of the evidence to support his conviction. The State appeals the trial court’s order granting Chavera’s … Continue reading

Posted in 4th Court of Appeals - CR, Published, Reversals, State's appeals | Tagged , , , , , | Leave a comment

04-11-00384-CR Ausencio Jimenez Luria v. The State of Texas–Appeal from 175th Judicial District Court of Bexar County

Ausencio Luria appeals his conviction on two counts of aggravated sexual assault of a disabled person, asserting that the evidence is legally insufficient to support the jury’s verdict and that the trial court erred in declaring the victim competent to … Continue reading

Posted in 4th Court of Appeals - CR | Tagged , , | Leave a comment

04-11-00875-CR Eric Cervera v. The State of Texas–Appeal from 226th Judicial District Court of Bexar County

Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Opinion by: Marialyn Barnard, Justice Sitting: Delivered and Filed: October 10, 2012 AFFIRMED BACKGROUND San Antonio Police Officer Julio Orta testified that on July 30, 2010, at approximately 4:00 p.m., … Continue reading

Posted in 4th Court of Appeals - CR | Tagged , , | Leave a comment

04-11-00864-CR Dylan Dominguez v. The State of Texas–Appeal from 186th Judicial District Court of Bexar County

After entering a plea of guilty to aggravated robbery, appellant Dylan Dominguez was sentenced by the trial court to twenty-five years confinement in the Texas Department of Criminal Justice Institutional Division. On appeal, Dominguez argues the trial court erred in … Continue reading

Posted in 4th Court of Appeals - CR | Tagged , , | Leave a comment

04-12-00246-CR Maureen Elizabeth Burgess v. The State of Texas–Appeal from 114th District Court of Smith County

Pursuant to a plea bargain agreement, appellant Maureen Burgess pleaded guilty to the offenses of aggravated assault with a deadly weapon and child endangerment. The trial court, in accordance with the plea agreement, deferred findings of guilt and placed Burgess … Continue reading

Posted in 4th Court of Appeals - CR | Tagged , , | Leave a comment

04-11-00861-CR Laquida A. Sauls v. The State of Texas–Appeal from 227th Judicial District Court of Bexar County – Pub.

Appellant Laquida Sauls pled guilty to theft. Later, the State moved to revoke her community supervision and adjudicate her guilt. The trial court granted the State’s motion, and Sauls appeals. For the reasons stated below, we affirm the trial court’s … Continue reading

Posted in 4th Court of Appeals - CR, Published | Tagged , , , | Leave a comment

04-11-00877-CR Antonio Aviles v. The State of Texas–Appeal from 226th Judicial District Court of Bexar County – Pub.

Appellant Antonio Aviles was charged with felony driving while intoxicated. After the trial court denied his motion to suppress, Aviles entered a plea of nolo contendere and was sentenced to two years confinement in the Texas Department of Criminal Justice … Continue reading

Posted in 4th Court of Appeals - CR, Published | Tagged , , , | Leave a comment

04-11-00576-CR Dionicio Olivarez v. The State of Texas–Appeal from 227th Judicial District Court of Bexar County – Pub.

Appellant Dionicio Olivarez appeals the trial court’s order adjudicating him guilty and sentencing him to one-year confinement and a $1,200.00 fine. On appeal, Olivarez contends the trial court erred in granting the State’s motion to adjudicate and sentencing him to … Continue reading

Posted in 4th Court of Appeals - CR, Published | Tagged , , , | Leave a comment

04-12-00532-CR In re The State of Texas, EX. REL. Susan Reed, District Attorney, Bexar County–Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION No. 04-12-00532-CRIN RE STATE OF TEXAS, EX. REL. SUSAN D. REED, DISTRICT ATTORNEY, BEXAR COUNTYOriginal Mandamus Proceeding [1] PER CURIAM Karen Angelini, Justice Sitting: Sandee Bryan Marion, Justice Steven C. Hilbig, Justice Delivered and Filed: September 19, 2012 … Continue reading

Posted in 4th Court of Appeals - CR | Tagged , , | Leave a comment

04-11-00726-CR Terrell James Blue v. The State of Texas–Appeal from 437th Judicial District Court of Bexar County

Terrell James Blue appeals his conviction for murder, arguing the trial court erred in denying his motion for directed verdict and in excluding a statement he claims qualified as an excited utterance. We affirm the judgment of the trial court. … Continue reading

Posted in 4th Court of Appeals - CR | Tagged , , | Leave a comment

04-11-00863-CR Exparte Jose Isabel Martinez-Hernandez–Appeal from 341st Judicial District Court of Webb County

This is an appeal from the trial court’s denial of appellant’s application for writ of habeas corpus. We affirm. DISCUSSION On October 5, 2011, appellant was arrested without a warrant and charged with aggravated sexual assault of an elderly or … Continue reading

Posted in 4th Court of Appeals - CR | Tagged , , | Leave a comment

04-12-00124-CR Robert Frank Piazza v. The State of Texas–Appeal from 144th Judicial District Court of Bexar County

Robert Piazzi, Jr. was convicted by a jury of four counts of aggravated sexual assault. On appeal, Piazzi contends: (1) the trial court erred in denying his challenges for cause with regard to five veniremembers; and (2) the evidence is … Continue reading

Posted in 4th Court of Appeals - CR | Tagged , , | Leave a comment

04-12-00075-CR Heiberto Hernandez v. The State of Texas–Appeal from 226th Judicial District Court of Bexar County

After a bench trial, Heiberto Hernandez was found guilty of aggravated assault with a deadly weapon, and the trial court sentenced Hernandez to eight years imprisonment. Hernandez’s court-appointed attorney filed a brief containing a professional evaluation of the record in … Continue reading

Posted in 4th Court of Appeals - CR | Tagged , , | Leave a comment