The State asks us to overrule Hutch v. State (1) upon which the lower court relied in finding that Gelinas suffered egregious harm from an erroneous jury instruction. Upon review, we believe Hutch was flawed and produces unjust results, and … Continue reading
When Anthony Duran made a left-hand turn in front of a speeding police car, the police officer braked, turned to follow, pulled Mr. Duran’s car over, and eventually arrested him for DWI. Mr. Duran filed a motion to suppress, claiming … Continue reading
Pursuant to a plea agreement, the Appellant pled guilty in 2009 to possession of a controlled substance. The following year, he filed an application for a writ of habeas corpus claiming that his counsel provided ineffective assistance by failing to … Continue reading
Applicant below, Joel De Los Reyes, filed an application for writ of habeas corpus, in which he alleged that he received ineffective assistance of counsel because his trial counsel failed to advise Applicant that he was almost certainly subject to … Continue reading
In November 2009, a jury convicted appellant of the 2006 capital murder of Renee Urbina Hernandez and Arturo Fonseca. Tex. Penal Code Ann. § 19.03(a)(7). Based on the jury’s answers to the special issues set forth in Texas Code of … Continue reading
A jury found Appellant, Abraham Cavazos, guilty of murder and imposed a punishment of twenty-eight years’ confinement and a $5,000 fine. Cavazos v. State, 329 S.W.3d 838 (Tex. App.–El Paso 2010). Appellant appealed, claiming that the trial court erred by … Continue reading
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. … Continue reading
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. … Continue reading
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. … Continue reading
In this felony prosecution for possession of ecstasy, the State appealed from the trial court’s grant of the appellee’s motion to suppress evidence that the appellee contended was obtained as a result of an illegal traffic stop. The El Paso … Continue reading
A police officer stopped appellee, Vanessa Mendoza, and arrested her for driving while intoxicated. The trial judge granted appellee’s motion to suppress, concluding that the officer lacked reasonable suspicion to make his traffic stop. The State appealed that ruling and … Continue reading
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. … Continue reading
FACTUAL AND PROCEDURAL BACKGROUND Appellant was indicted by a grand jury for cocaine possession in a quantity of four grams or more but less than 200 grams. On September 19, 2006, Appellant’s attorney filed a motion to suppress the evidence … Continue reading
Gabriel Gomez appeals his conviction of two counts of aggravated assault with a deadly weapon. Gomez argues that: (1) the trial court erred in sua sponte excusing a disqualified juror and declaring a mistrial; (2) he was denied a fair … Continue reading
Alejandro Moran appeals his conviction of possession of more than 50 but less than 2,000 pounds of marihuana. He waived his right to a jury trial and entered a negotiated plea of guilty. In accordance with the plea bargain, the … Continue reading
David Vasquez appeals the trial court=s denial of his application for writ of habeas corpus. Finding no error, we affirm. FACTUAL SUMMARY Appellant was indicted by a grand jury on October 3, 1998 for cocaine possession, less than one gram. … Continue reading
Andres Zubia was tried by a jury, found guilty, and convicted of robbery. In accordance with Appellant’s election, the jury assessed punishment and sentenced him to twelve years’ confinement. For the reasons that follow, we affirm. FACTUAL SUMMARY The indictment … Continue reading
Phyllis Woodall appeals from a conviction of engaging in organized criminal activity. A jury found Appellant guilty and assessed her punishment at imprisonment for a term of sixteen years and a fine of $10,000. On September 9, 2009, the court … Continue reading
Jose Perez was indicted on seven counts of aggravated sexual assault of a child (Counts One through Seven) and seven counts of indecency with a child (Counts Eight through Fourteen). A jury convicted him of Counts Five through Seven and … Continue reading
An El Paso County petit jury found Herberto Spencer, guilty of one count of indecency with a child by contact. See Tex. Penal Code Ann. 21.11 (West 2011). Spencer’s victim was an eight-year-old girl, V.C. The trial court assessed Spencer’s … Continue reading