Lidio Barrios v. State
2012 Tex. App. LEXIS 10368
| Tex. App. | 2012Background
- Barrios, an undocumented immigrant, was convicted of murder after shooting Rivera during a gang-aligned confrontation in Gregg County, Texas, and was sentenced to 30 years.
- The incident occurred when Rivera and companions approached Barrios’ group with a breaker bar; Barrios claimed he acted to defend his cousin Juan from an imminent threat.
- The defense argued self-defense and defense of a third person; the State argued Barrios’ status under federal law prevented self-defense claims.
- The trial court granted a motion in limine to bar self-defense related evidence under 18 U.S.C. § 922(g)(5) and instructed a necessity theory rather than third-party defense.
- The court ultimately held Barrios was not entitled to a jury instruction on self-defense, but did require reversal on the defense-of-a-third-person issue for harm, and held there was no entitlement to lesser-included offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barrios was entitled to jury instructions on self-defense and defense of a third person | Barrios asks for self-defense/third-party defense | State contends § 922(g)(5) precludes self-defense | Self-defense not warranted; third-person defense required factual submission |
| Whether failure to submit defense of a third person was harmless error | Third-party defense evidence was raised by record | Error harmless due to necessity instruction | Error deemed harmful; defense of a third person should have been submitted |
| Whether Barrios was entitled to lesser-included offenses (aggravated assault, deadly conduct) | Evidence could support lesser offenses | No rational basis for lesser offenses given murder proof | Barrios not entitled to lesser-included offense instructions |
Key Cases Cited
- Abdnor v. State, 871 S.W.2d 726 (Tex. Crim. App. 1994) (two-step harm review for jury-charge errors)
- Sakil v. State, 287 S.W.3d 23 (Tex. Crim. App. 2009) (harm framework for preserved errors)
- Ngo v. State, 175 S.W.3d 738 (Tex. Crim. App. 2005) (standard for evaluating defensive instructions)
- Morales v. State, 357 S.W.3d 1 (Tex. Crim. App. 2011) (presumption of reasonable force if no separate criminal activity)
- Gaspar v. State, 327 S.W.3d 349 (Tex. Crim. App. 2010) (defensive instructions reviewed for abuse of discretion)
- Ferrel v. State, 55 S.W.3d 586 (Tex. Crim. App. 2001) (basis for determining when defense instructions are warranted)
- Forest v. State, 989 S.W.2d 365 (Tex. Crim. App. 1999) (test for lesser-included offenses when defendant testifies to intent)
- Hall v. State, 158 S.W.3d 470 (Tex. Crim. App. 2005) (guidance on determining lesser-included offenses)
- Sweed v. State, 351 S.W.3d 63 (Tex. Crim. App. 2011) (two-pronged test for lesser-included offense eligibility)
- Yzaguirre v. State, 367 S.W.3d 927 (Tex. Crim. App. 2012) (record-wide examination for lesser offenses)