Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Lancon v. State

The 4th Court of Appeals applied the wrong standard in determining that factually insufficient evidence supported the convictions. Court of Criminal Appeals, No. 0182-07

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Meyers, J., delivered the opinion of the Court, in which Keller, P.J., Keasler, Hervey, and Cochran, JJ., joined. Johnson, J., filed a dissenting opinion, in which Price and Holcomb, JJ., joined. Womack, J., dissented.

OPINION

Appellant, Fernando Lancon, stood trial with two co-defendants, Alfonoso Villareal and Jorge Zuniga. Appellant was convicted of one count each for murder, attempted murder, and deadly conduct. The jury assessed punishment at twenty-five years’, fifteen years’, and ten years’ confinement, respectively. Villareal was also found guilty, but Zuniga was acquitted. Appellant appealed the convictions based on factual insufficiency of the evidence to sustain his convictions, the failure of the prosecutor to disclose exculpatory evidence, and the improper admission of two photographs into evidence. The court of appeals held that it was not an abuse of discretion to admit the two photographs into evidence, and that Appellant failed to establish that it was reasonably probable that the outcome of the trial would have been different had the prosecutor made a timely disclosure of the alleged exculpatory evidence. Lancon v. State, 220 S.W.3d 57 (Tex. App. – San Antonio, 2006)(mem. op.). The court of appeals also held that the evidence was factually insufficient to support the convictions and remanded the case for a new trial. The State filed a petition for discretionary review, which we granted to consider whether the court of appeals correctly applied the factual-sufficiency standard of review. We determine that the standard was not correctly applied. We vacate the judgment of the court of appeals and remand the case for the court of appeals to consider the sufficiency of the evidence under the standard set forth in Watson v. State, 204 S.W.3d 404 (Tex. Crim. App. 2006).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Labor & Employment Associate Los Angeles

Description: Fox Rothschild LLP has an opening in the Los Angeles, CA office for an associate in our Labor & Employment Department. The ...


Apply Now ›
Associate Attorney

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›
eHealth Exchange In-house Legal Counsel

Reports to: Executive Director FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remote Compensation Range: $21...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements