Garza v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of aggravated kidnapping and was sentenced to seventeen years’ incarcertion in the Texas Department of Corrections.

The Dallas Court of Appeals found that an extraneous offense was improperly admitted at trial. The Court of Appeals excluded the extraneous offense in considering the sufficiency of the evidence and concluded that the remaining evidence was insufficient to sustain appellant’s conviction for aggravated kidnapping. The Court remanded the cause for a new trial for the lesser included…