Before Justices Rodriguez, Garza, and PerkesMemorandum Opinion by Justice Rodriguez Appellant Alfredo Araujo challenges his conviction for indecency with a child, a second-degree felony. See TEX. PENAL CODE ANN. § 21.11(a)(1), (d) (West 2011). By three issues, Araujo argues that … Continue reading
The State’s petition for discretionary review asks whether trial counsel for Chidiebele Gabriel Okonkwo, appellant, rendered ineffective assistance by failing to request a jury instruction on the defense of mistake of fact. (1) Answering this question in the affirmative, the … Continue reading
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
Is a vehicle a mobile “castle” so that passengers are treated the same as tenants who may disallow police to search a residence after a fellow tenant has consented to the search? Concluding that it is not, we decline to … Continue reading
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0819-12 ROBERT RANDALL KRAUSE, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS HARRIS COUNTY After appellant was arrested for driving while … Continue reading
The appellant argued on direct appeal that his deferred adjudication community supervision was revoked unconstitutionally as a penalty for invoking his Fifth Amendment privilege against self-incrimination by refusing to answer questions during the course of a court-imposed sexual history polygraph … Continue reading
Pursuant to a plea agreement, the Appellant pled guilty in 2010 to assault and violation of a protective order. He subsequently filed an application for a writ of habeas corpus claiming that his counsel provided ineffective assistance by failing to … 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
A jury convicted appellant of misapplication of fiduciary property and assessed appellant’s punishment at 14 years’ incarceration and a $10,000 fine. The trial court orally pronounced this sentence on January 15, 2009, after which the trial court commented to the … Continue reading
I. Background An investigator with the Texas Department of Family and Protective Services, Christopher Lopez, went to the home of Marcos Turrubiate, appellant, to investigate allegations of marijuana use at that home, in which lived the six-month-old child of Erin … Continue reading
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0799-12 JAY PAUL YZAGUIRRE, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE SIXTH COURT OF APPEALS DALLAS COUNTY In this aggravated robbery case, the abstract … Continue reading
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0768-12 CYNTHIA ANN HUDSON, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE SIXTH COURT OF APPEALS CASS COUNTY In the court of appeals, appellant complained … Continue reading
A jury convicted appellant of three counts of sexual assault and one count of unauthorized use of a motor vehicle. At sentencing, the trial judge ruled that appellant’s 2004 North Carolina conviction for “Taking Indecent Liberties With Children” (1) had … Continue reading
Appellant filed a motion to suppress evidence after he was found in possession of marijuana during a traffic stop. The trial court denied the motion, and Appellant subsequently pled nolo contendere to the marijuana possession charge. He was sentenced to … Continue reading
Before Justices Rodriguez, Garza, and Perkes Memorandum Opinion by Justice Garza This appeal by the State challenges the trial court’s February 2, 2012 judgment granting appellee Olin Anthony Robinson’s motion for shock probation. See TEX. CODE CRIM. PROC. ANN. art. … Continue reading
Before Justices Rodriguez, Garza, and PerkesMemorandum Opinion by Justice Garza This appeal by the State challenges the trial court’s February 2, 2012 judgment granting appellee Jean Robinson’s a/k/a Floria Jean Robinson’s motion for shock probation. See TEX. CODE CRIM. PROC. … Continue reading
Michael Bonds moved to suppress the evidence seized pursuant to a search warrant by contesting the warrant’s validity. The trial judge overruled his motion finding the errors in the warrant’s description of the location to be searched did not invalidate … 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
Brown’s community supervision. By his first two issues, Brown asserts that the trial court[1] This case is before the Court on transfer from the Ninth Court of Appeals in Beaumont pursuant toan order issued by the Supreme Court of Texas. … Continue reading
Before Justices Rodriguez, Garza, and PerkesOpinion by Justice Rodriguez Appellant Kori J. Marra, a former City of Harlingen commissioner, challenges her class A misdemeanor conviction for participating in a vote or decision on a matter that had a special economic … Continue reading