Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of August 6, 2012

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Garfias v. State, No. 02-06-00398-CR   (Aug. 9, 2012)   (Livingston, C.J., joined by Gardner and Walker, JJ.) (op. on remand).

Held: Appellant's convictions for aggravated robbery with a deadly weapon and aggravated assault with a deadly weapon violated his constitutional right to be free from double jeopardy under the circumstances of this case. The undisputed facts show a double jeopardy violation that is clearly apparent on the face of the record, and the enforcement of usual rules of procedural default serves no legitimate state interests. Appellant's conviction for aggravated robbery with a deadly weapon, for which he received a lesser sentence than aggravated assault with a deadly weapon, is vacated.

Turner v. State, No. 02-10-00438-CR  (Aug. 9, 2012)   (Livingston, C.J., joined by Walker and McCoy, JJ.).

Held: Appellant preserved his complaint that the trial court denied his Sixth Amendment right to a public trial by refusing to make room for three of his family members in the courtroom during voir dire. Moreover, the trial court did not make findings sufficient to justify the exclusion of those family members; thus, the case is remanded for a new trial.

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