Legal Opinion

Gamino, Cesar Alejandro

Court of Criminal Appeals of Texas

Decided September 27, 2017No. PD-0227-16PublishedCited by 89 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · RichardsonRichardson, J.

in which Keller, P. J., and Alcala, Yeary, Keel, and Walker, JJ. joined.

Appellant, Cesar Alejandro Gamino, was convicted of the offense of aggravated assault with a deadly weapon.1 The Second Court of Appeals reversed Appellant’s conviction and remanded his case for a new trial, holding that the trial court erred by refusing Appellant’s request for a jury charge on self defense.2 We agree that Appellant was entitled to a self defense charge. We affirm the judgment of the court of appeals.

Background

According to the State’s evidence presented at Appellant’s trial, around 1:30 a.m. on…

3Cases cited10 opinions

  1. Boykin v. StateCourt of Criminal Appeals of Texas · 1991
  2. Ferrel v. StateCourt of Criminal Appeals of Texas · 2001
  3. Bufkin v. StateCourt of Criminal Appeals of Texas · 2006
  4. Alonzo v. StateCourt of Criminal Appeals of Texas · 2011
  5. Elizondo, Jose Guadalupe RodriguezCourt of Criminal Appeals of Texas · 2016

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4Cited by89 opinions

  1. Rogers, WilliamCourt of Criminal Appeals of Texas · 2018
  2. Jordan v. StateCourt of Appeals of Texas · 2018
  3. Abdul-Rahman Khan v. the State of Texas, Texas Court of Appeals, 14th District (Houston)2024
  4. Albert Mitchell, Jr. v. the State of Texas, Texas Court of Appeals, 3rd District (Austin)2025
  5. Alfredo Almanza Romero v. State, Texas Court of Appeals, 5th District (Dallas)2020

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