Garcia v. State

I respectfully dissent to the reasons that the majority opinion gives for denying the motion for rehearing that was filed on behalf of Enrique “El Red” Garcia, henceforth appellant.

The original majority opinion was incorrect when it held that because the trial court’s judgment of conviction in the voluntary manslaughter cause, in which Officer Victor Serna was the named victim, was reversed by the Corpus Christi Court of Appeals in an unpublished opinion, see Garcia v. State, No. 13-86-171-CR, Tex.App.— Tex.App.-13th Dist., October 30, 1986, this “bars the appellant’s claim of collateral…