Legal Opinion

Rubio v. State

Court of Appeals of Texas

Decided February 24, 2017No. NUMBER 13-15-00087-CRPublishedCited by 3 opinions

1Opinion of the Court

OPINION

Opinion by

Chief Justice Valdez

A jury found appellant, Rudy Rubio, guilty of one count of aggravated sexual assault. See Tex. Penal Code Ann. § 22.021 (West, Westlaw through 2015 R.S.). The trial court sentenced appellant to life imprisonment. By two issues, appellant contends that the jury charge contains egregious error and the State failed to timely disclose Brady material. See Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) (requiring that whether or not a defendant requests it, the State must disclose evidence known to it that is favorable or material to a…

2Cases cited10 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Cosio v. StateCourt of Criminal Appeals of Texas · 2011
  3. Apolinar v. StateCourt of Criminal Appeals of Texas · 2005
  4. Ex Parte KimesCourt of Criminal Appeals of Texas · 1993
  5. Phillips v. StateCourt of Criminal Appeals of Texas · 2006

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3Cited by3 opinions

  1. Aaron Michael Martinez v. State, Texas Court of Appeals, 13th District2018
  2. Jose Eduardo Guerrero v. State, Texas Court of Appeals, 5th District (Dallas)2018
  3. Juan Jimenez Guerra A/K/A Juan Guerra v. the State of Texas, Texas Court of Appeals, 13th District2023

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