Legal Opinion

Joseph Neil De La Garza v. the State of Texas

Texas Court of Appeals, 3rd District (Austin)

Decided May 8, 2025No. 03-23-00302-CRPublished

1Opinion of the Court

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-23-00302-CR Joseph Neil De La Garza, Appellant v. The State of Texas, Appellee FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2019-402, THE HONORABLE TRACIE WRIGHT-RENEAU, JUDGE PRESIDING ME MO RAN DU M O PI N I O N Appellant Joseph Neil de la Garza appeals his evading arrest with a motor vehicle conviction, raising a single issue—that the trial court reversibly erred in refusing to charge the jury on the defense of necessity. We affirm. BACKGROUND On December 13, 2017, Officer Cody Bianchi, a K-9 officer with the New Braunfels…

2Cases cited12 opinions

  1. Ngo v. StateCourt of Criminal Appeals of Texas · 2005
  2. Walters v. StateCourt of Criminal Appeals of Texas · 2007
  3. Bufkin v. StateCourt of Criminal Appeals of Texas · 2006
  4. Juarez v. StateCourt of Criminal Appeals of Texas · 2010
  5. Celis, Mauricio RodriguezCourt of Criminal Appeals of Texas · 2013

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