Garcia v. State
Garcia v. State
Opinion of the Court
Defendant Maximo Garcia appeals his conviction and sentence for trafficking in cocaine and conspiracy to traffic in cocaine.
As in Abreu, we find that the prosecutor improperly commented on the defendant’s right not to testify. For the reasons outlined in Abreu and based on the authorities cited therein, we find that the trial court’s denial of the defendant’s motion to dismiss was harmful error. Furthermore, as in Abreu, we find it unnecessary to reach the defendant’s remaining arguments.
Accordingly, we vacate the defendant’s conviction and remand for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.