Texas Department of Criminal Justice v. Stanley Wayne Garner--Appeal from 23rd District Court of Brazoria County

State: Texas

Court: Texas Northern District Court

Docket No: 14-05-01105-CV

Case Date: 12/15/2005

Plaintiff: Texas Department of Criminal Justice

Defendant: Stanley Wayne Garner--Appeal from 23rd District Court of Brazoria County

Preview:Ryan William Madden v. The State of Texas--Appeal from 248th District Court of Harris County
MAJORITY | MAJORITY Opinion issued October 16, 2008 In The Court of Appeals For The First District of Texas NO. 01-02-01243-CR RYAN WILLIAM MADDEN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 248th District Court Harris County, Texas Trial Court Cause No. 917531 MEMORANDUM O PINION A jury convicted appellant, Ryan Willliam Madden, of felony possession with intent to deliver cocaine weighing at least 400 grams and sentenced him to 30 years in prison. We previously held that the trial court erred by failing to give provide an Article 38.23 instruction regarding the legality of his detention, and we reversed the trial court's judgment. Madden v. State, 177 S.W.3d 322, 328 (Tex. App.--Houston [1st Dist.] 2005), rev'd, 242 S.W.3d 504, 518 (Tex. Crim. App. 2007). The Court of Criminal Appeals held that appellant was not entitled to an Article 38.23(a) jury instruction "because no evidence raised a disputed fact issue material to the admissibility of the challenged evidence." Madden, 242 S.W.3d at 518; see TEX. CODE CRIM. PROC. ANN. art. 38.23(a) (Vernon 2005). The Court of Criminal Appeals vacated our prior judgment and remanded the case to us to address appellant's remaining claims. Id. We affirm. Background The facts at issue in this case are well-detailed in our prior opinion, Madden,177 S.W.3d at 322

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