Garcia, Aima Lorena
2012 Tex. Crim. App. LEXIS 751
| Tex. Crim. App. | 2012Background
- Appellant Garcia was convicted of endangering a child by allegedly failing to properly clothe a one-to-two-year-old in cold weather.
- The incident occurred when Garcia stood outside a neighbor’s door holding the child, then entered the neighbor’s unlocked car with the child.
- Police observed Garcia drinking, she was intoxicated and combative, and refused to cooperate or provide family care for the child.
- The child appeared cold, with blue lips and a diapered, wet state; paramedics were not called and no medical treatment was sought.
- The temperature was about 58 degrees with wind; Haynes sheltered the child afterward and the officer concerned for warmth transported the child.
- The Court of Appeals reversed, holding the evidence insufficient to show imminent danger of bodily injury or physical impairment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the child sustained bodily injury from cold. | State argues evidence showed bodily injury through cold exposure. | Garcia contends no proof of bodily injury. | No, insufficient evidence of bodily injury. |
| Whether Garcia placed the child in imminent danger due to lack of proper clothing. | State contends cold exposure created imminent danger. | Garcia argues danger was not imminent. | No, no imminent danger shown. |
Key Cases Cited
- Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009) (bodily injury includes even minor physical impact)
- Devine v. State, 786 S.W.2d 268 (Tex. Crim. App. 1989) (definition of 'imminent' danger)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (imminent danger standard evaluation)
- Malik v. State, 953 S.W.2d 234 (Tex. Crim. App. 1997) (hypothetically correct jury charge standard)
- Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (reasonable-inference standard for sufficiency)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (federal standard for sufficiency of evidence)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for appellate review of evidence)
- Camarillo v. State, 82 S.W.3d 529 (Tex. App.—Austin 2002) (impairment concept in bodily-injury context)