GARCIA v. STATE

No. 01-06-00479-CR.

239 S.W.3d 862 (2007)

Calixto GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

October 18, 2007.


Attorney(s) appearing for the Case

Randy McDonald, Randy McDonald, P.C., Houston, for Appellant.

Charles A. Rosenthal, Jr., Dist. Atty.-Harris County, Celeste Carter Blackburn, Asst. Dist. Atty., Houston, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.


OPINION

JANE BLAND, Justice.

After finding appellant Calixto Garcia guilty as charged of the offense of aggravated assault of a public servant, the jury assessed a sentence of fifty years' confinement. See TEX. PEN.CODE ANN. § 22.02(b)(2)(B) (Vernon Supp.2006). Garcia appeals only his sentence, complaining that the trial court committed reversible error during the punishment phase by (1) admitting testimony relating to his gang membership, affiliation...

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