Damien Lee Garcia v. The State of TexasAppeal from 405th District Court of Galveston County (Memorandum Opinion )

State: Texas

Court: Texas Northern District Court

Docket No: 01-12-00488-CR

Case Date: 05/09/2013

Plaintiff: Damien Lee Garcia

Defendant: The State of TexasAppeal from 405th District Court of Galveston County (Memorandum Opinion )

Preview:Opinion issued May 9, 2013

In The

Court of Appeals
For The

First District of Texas
------------------------

NO. 01-12-00488-CR NO. 01-12-00489-CR ---------------------- DAMIEN LEE GARCIA, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 405th District Court Galveston County, Texas Trial Court Case Nos. 09-CR-2345 & 09-CR-2346

MEMORANDUM OPINION

Appellant was charged by indictment with aggravated robbery 1 and unlawful possession of a firearm. 2 Appellant pleaded not guilty to the offense of aggravated robbery and guilty to the offense of unlawful possession of a firearm. A jury found him guilty on both counts. Appellant pleaded true to an enhancement allegation for each offense, and the jury found the allegations to be true. The jury assessed punishment at 75 years' confinement for the offense of aggravated robbery and 20 years' confinement for the offense of unlawful possession of a firearm. In four issues, appellant argues (1) he received ineffective assistance of counsel from one of his pretrial attorneys; (2) the trial court abused its discretion by denying his motion for new trial on punishment based on alleged evidence of witness coercion; (3) the evidence is insufficient to support his conviction of aggravated robbery; and (4) the State failed to properly disclose Brady evidence. We affirm in both causes. Background James Carr, complainant, was staying at a friend's house while his house was being renovated. On August 11, 2009, he left the house to take laundry to his mother's house. After descending the stairs to the house, he was hit on the back of the head and fell to the ground. Carr looked up and saw a man wearing a black
1

See TEX. PENAL CODE ANN.

Download 01-12-00488-cr.pdf