Garcia v. State
348 S.W.3d 930
| Tex. App. | 2011Background
- Garcia was convicted by jury of endangering a child and sentenced to two years in State Jail, suspended for five years on community supervision.
- The State alleged Garcia placed L.G., under fifteen, in imminent danger by failing to clothe her appropriately for the weather.
- Testimony showed a baby in only a diaper was found outside in cold weather; witness Haynes described the baby as shivering and cold to the touch.
- Police described Garcia holding the child in a vehicle with doors/windows closed; the child appeared cold and had blue lips.
- Weather records showed approximately 58 degrees with 14–21 mph winds at the time; the parties stipulated the child was Garcia's.
- Garcia argued the evidence did not prove imminent danger of bodily injury or impairment; the court agreed, reversing and acquitting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Garcia | Garcia | Insufficient; acquittal |
| Motion for new trial without hearing | Garcia | Garcia | Not reached/ moot |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: rational fact-finder could find elements beyond reasonable doubt)
- Brooks v. State, 323 S.W.3d 893 (Tex.Crim.App.2010) (standard for reviewing sufficiency on appeal in Texas)
- Gibbs v. State, 819 S.W.2d 821 (Tex.Crim.App.1991) (guidance on reviewing evidence for sufficiency)
- Ellis v. State, 642 S.E.2d 869 (Ga.App.2007) (distinguishes imminent danger requirement from deprivation context)