GARCIA v. STATE

No. 04-99-00513-CR.

75 S.W.3d 493 (2002)

Ovidio GARCIA, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused July 31, 2002.


Attorney(s) appearing for the Case

Joseph A. Connors, III, Law Office of Joseph A. Connors, III, McAllen, for Appellant.

Heriberto Silva, District Attorney, San Diego, Hilda Gonzalez, Assistant District Attorney, Rio Grande City, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, PAUL W. GREEN, Justice, KAREN ANGELINI, Justice.


Opinion by PHIL HARDBERGER, Chief Justice.

Ovidio Garcia ("Garcia") pled guilty before a jury to capital murder, and the jury assessed his punishment at life imprisonment. Based on the arguments made in Garcia's brief, the following issues are presented for our review: (1) the evidence was legally and factually insufficient because the jury found Garcia guilty of capital murder "as charged in the indictment;" (2) the trial court erred in admitting the third special...

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