Freddy Garcia v. State, 541 S.W.3d 222

In 1987 Freddy Garcia was indicted for one count of sexual assault by penetration of his then-12-year-old step-daughter (indictment alleged conduct on or about Aug. 16, 1987).
Garcia was released on bond, fled, and remained a fugitive for ~27 years; he was arrested in North Carolina in Nov. 2014 and extradited to Texas Jan. 19, 2015.
At trial the complainant testified about an earlier bathroom incident (penetration when she was ~11) and about the Aug. 16, 1987 bedroom incident (ambiguous as to penetration); HPD records showed semen on a vaginal smear collected Aug. 17, 1987 but that evidence was later destroyed.
The State proceeded to verdict without electing, at the close of its case-in-chief, which penetrative act alleged in the indictment it relied upon; defense repeatedly requested an election which was denied until after the State rested.
Garcia was convicted of aggravated sexual assault of a child, sentenced to 45 years and a $10,000 fine, and appealed asserting (1) speedy trial violation and (2) trial-court error for failing to require a State election.

Issue	Plaintiff's Argument (Garcia)	Defendant's Argument (State)	Held
Was Garcia denied a speedy trial by ~28-year delay?	28‑year delay between indictment and trial violated Sixth Amendment; dismissal required.	Much of the delay was due to Garcia’s flight; later delays involved agreed resets by Garcia.	Court: No violation. Length favored Garcia but Barker factors (reason for delay, assertion of right, prejudice) weigh against him because he was a fugitive and agreed to resets.
Did the trial court err by not requiring the State to elect, at close of its case-in-chief, which alleged act it relied on?	Failure to require timely election deprived Garcia of due process/unanimity and risked the jury combining multiple incidents.	State: only one penetrative act was proved; no timely election required.	Court: Error; some evidence supported two distinct penetrative incidents, the late/no election could have affected unanimity and notice; error not harmless beyond a reasonable doubt. Conviction reversed and remanded.

Barker v. Wingo, 407 U.S. 514 (1972) (Barker balancing test for speedy trial claims)
Doggett v. United States, 505 U.S. 647 (1992) (presumptively prejudicial delay and its effects)
Phillips v. State, 193 S.W.3d 904 (Tex. Crim. App. 2006) (State must elect when indictment alleges single act but evidence shows multiple; constitutional error if election not timely)
Dixon v. State, 201 S.W.3d 731 (Tex. Crim. App. 2006) (purposes of election rule and interplay with admissibility of extraneous offenses)
Dragoo v. State, 96 S.W.3d 308 (Tex. Crim. App. 2003) (delay approaching one year triggers Barker analysis)
Cantu v. State, 253 S.W.3d 273 (Tex. Crim. App. 2008) (State bears burden to justify delay)