Garcia v. State
Cases that cite this one
22 later published cases cite this decision.
- Aguilera, Teresa (Tex. App. 2015)
- James Bishop v. State (Tex. App. 2014)
- Allen v. State (Tex. App. 2008)
- Charles Hearn v. State of Texas (Tex. App. 2008)
- Granados v. State (Tex. App. 1992)
- Jose Luis Lopez v. the State of Texas (Tex. App. 2024)
- David Eugene White v. the State of Texas (Tex. App. 2023)
- Teresa Aguilera v. State (Tex. App. 2015)
- James Daniel Harris v. State (Tex. App. 2014)
- Sergio Vela Barrera v. State (Tex. App. 2010)
- Chandell Allen v. State (Tex. App. 2008)
- Chandell Allen v. State (Tex. App. 2008)
- Barrera, Sergio Vela (Tex. Crim. App. 2008)
- Barrera, Sergio Vela (Tex. Crim. App. 2008)
- State v. McCaffrey (Tex. Crim. App. 2002)
- State v. Curl, Jerry Wayne (Tex. App. 2000)
- State v. Hoxsie (S.D. 1997)
- State v. Salazar (N.M. 1997)
- Ashcraft v. State (Tex. App. 1995)
- Rodriguez v. State (Tex. App. 1994)
- Molitor v. State (Tex. Crim. App. 1993)
- Young v. State (Tex. App. 1992)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION ON MOTION TO ABATE APPEAL
Appellant was convicted by a jury of the offense of aggravated possession of marihuana and sentenced to fifty years imprisonment in the penitentiary and a fine of $5000.00.
On appeal, the Fourth Court of Appeals reversed the conviction and ordered an acquittal, holding that there was insufficient evidence to support the conviction because there existed a reasonable hypothesis other than the guilt of the accused. Garcia v. State, 790 S.W.2d 22 (Tex.App.—San Antonio 1990). We granted the State’s petition for discretionary review. In an opinion delivered June 3, 1992, we reversed the judgment of the court of appeals and affirmed the judgment of the trial court. On June 22, 1992, appellant filed a motion for rehearing, which is now moot.
A motion to abate the appeal has been filed on behalf of appellant. Attached to the motion is a certified copy of appellant’s certificate of death. The certificate recites that appellant died on September 12, 1992.
The death of an appellant during the pendency of an appeal deprives both this Court and the court of appeals of jurisdiction. See August v. State, 685 S.W.2d 56 (Tex.Cr.App. 1985). Under these circumstances, the appropriate disposition is the abatement of the appeal. Tex.R.App.Pro. 9(b). Accordingly, the motion for rehearing is dismissed, the prior opinions are withdrawn and the appeal is permanently abated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.