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Garcia v. State

Where a witness has testified to material inculpatory facts against an accused and after the jury's verdict, but before motion for new trial has been acted on, the witness makes an affidavit that he testified falsely, the new evidence is probably true and a new trial should be granted; an exception to the rule occurs when the trial court finds the recantation not to be credible based on the trial evidence and the evidence at a hearing on the motion.

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AFFIRMED

Ovidio Garcia (“Garcia”) pled guilty before a jury to capital murder, and the jury assessed his punishment at life imprisonment. Based on the arguments made in Garcia’s brief, the following issues are presented for our review: (1) the evidence was legally and factually insufficient because the jury found Garcia guilty of capital murder “as charged in the indictment;” (2) the trial court erred in admitting the third special issue on mitigating circumstances because it was not effective for any offense committed before September 1, 1991; (3) the record is incomplete; (4) the trial court abused its discretion in denying Garcia’s motion for new trial; (5) the trial court erred in granting a change of venue; and (6) Garcia’s plea was involuntary due to the trial court’s involvement in the plea negotiations. We affirm the trial court’s judgment.

Jurisdiction

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