Canida, Bobby Glenn
434 S.W.3d 163
| Tex. Crim. App. | 2014Background
- Canida was convicted of manufacturing methamphetamine >1 gram but <4 grams and sentenced to 80 years after admitting prior convictions.
- The Sixth Court of Appeals acquitted due to lack of proven quantity, holding some evidence supported manufacture but not amount.
- Evidence at search included ephedrine precursors, precursors’ packaging, and a lime-salt container with unknown methamphetamine quantity; some items untested.
- Canida admitted to shake-and-bake manufacturing and using methamphetamine; an expert testified 1–2 grams could be produced with available precursor quantity.
- No lesser-included-offense instructions were given; the State petitioned for discretionary review to reform to a lesser offense of attempted manufacturing.
- The Court of Appeals’ acquittal was based on insufficient evidence of quantity, prompting review to determine Bowen-Thornton remand framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bowen permits reform to a lesser offense | State argues reform to attempted manufacturing, not acquittal. | Canida contends Bowen does not apply because attempted manufacturing is a different offense. | Remanded for Thornton framework to determine reform vs acquittal. |
| Whether Thornton requires remand for analysis of lesser offense | State relies on Thornton as controlling to reform if elements align. | Canida argues Thornton should not apply or overturn Bowen precedent here. | Remand to court of appeals to apply Thornton and decide reform vs acquittal. |
| Whether the evidence supports a lesser-included offense of attempted manufacturing | Evidence could support attempt given quantities and admissions. | No admission of an amount; not enough to convict even for attempt. | Await Thornton-based evaluation; not decided in this order. |
Key Cases Cited
- Bowen v. State, 374 S.W.3d 427 (Tex. Crim. App. 2012) (reformation to lesser offense possible when essential elements proven beyond reasonable doubt)
- Thornton v. State, 425 S.W.3d 289 (Tex. Crim. App. 2014) (two-step test for reform vs acquittal after insufficiency of greater offense)
- Goff v. State, 777 S.W.2d 418 (Tex. Crim. App. 1989) (quantity element considerations in weight-based offenses)
- Collier v. State, 999 S.W.2d 779 (Tex. Crim. App. 1999) (framework for evaluating lesser-included offenses after conviction or acquittal issues)