Alejandro Garcia v. State
06-15-00187-CR
Tex. App.Nov 10, 2016Background
- On December 23, 2013, Andres Chavez was found brutally beaten and stabbed to death at the Whistlestop mobile home park in Longview, Gregg County, Texas.
- Alejandro Garcia was charged with murder; the indictment alleged he struck Chavez with a baseball bat (alternatively alleged as causing death intentionally/knowingly or committing an act dangerous to human life with intent to cause serious bodily injury).
- Evidence included: Walmart receipt and video showing Garcia bought a bat, ball, and gloves near midnight; pieces of bat wrapper/plastic and a broken bat barrel at the scene; a fingertip of a glove under the victim; and autopsy showing fatal blunt-force skull fractures and neck injuries.
- Witnesses (Garcia’s sister Perla and Rafael Vargas) testified Garcia planned to confront/lure Chavez using a fake Facebook account, brought a bat and gloves, and appeared nervous after the incident; Perla testified Garcia asked her to dispose of the bat, gloves, and packaging.
- Garcia admitted buying the bat and gloves and fighting with Chavez but denied striking Chavez in the head or causing his death, claiming others later beat/finished Chavez.
- The jury convicted Garcia of murder and assessed 30 years’ imprisonment; the court assessed $269 in court costs. Garcia appealed asserting legal and factual insufficiency and that costs were improper because he is indigent.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Garcia) | Held |
|---|---|---|---|
| Legal sufficiency of evidence to prove Garcia caused Chavez’s death by striking him with a bat | Evidence (purchase/video, glove/fabric/plastic at scene, broken bat barrel, witness testimony, autopsy linking injuries to a bat) supports conviction | Garcia admitted fighting but denied hitting Chavez in the head or causing death; claimed others killed Chavez after he left | Affirmed — evidence legally sufficient for jury to find Garcia caused death or committed an act dangerous to human life with intent to cause serious bodily injury |
| Sufficiency to prove intent (intent to kill or to cause serious bodily injury) | Intent can be inferred from words, actions, method of attack, and nature of wounds; circumstantial evidence (planning, Facebook lure, weapon purchase, severity of injuries) supports inference | Claimed only meant to confront/scare and hit non-fatal areas; blamed others for fatal injuries | Affirmed — circumstantial evidence permitted reasonable inference of intent |
| Venue: murder occurred in Gregg County | Officers testified body was found at the Whistlestop in Gregg County; investigator testified murder occurred where body was found | Garcia disputed elements but did not present contrary venue evidence | Affirmed — testimony established Gregg County situs |
| Assessment of $269 court costs against indigent defendant | Certified bill of costs supported assessment; assessment did not include attorney fees | Garcia argued he is indigent and costs should not be assessed | Affirmed — indigent defendants may be assessed court costs (excluding attorney fees); certified bill supports amount |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for legal-sufficiency review—view evidence in light most favorable to verdict)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (beyond a reasonable doubt sufficiency standard)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (circumstantial evidence and cumulative force of circumstances can support conviction)
- Malik v. State, 953 S.W.2d 234 (Tex. Crim. App. 1997) (hypothetically correct jury charge defines elements for sufficiency review)
- Allen v. State, 426 S.W.3d 253 (Tex. App.—Texarkana 2013) (indigent defendant may be assessed court costs so long as attorney fees are not included)