Legal Opinion

The State of Texas v. Isaias Burciaga

Texas Court of Appeals, 8th District (El Paso)

Decided August 23, 2024No. 08-23-00034-CRPublished

1Opinion of the Court

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS THE STATE OF TEXAS, § No. 08-23-00034-CR Appellant, § Appeal from the v. § 327th Judicial District Court § ISAIAS BURCIAGA of El Paso County, Texas Appellee. § (TC# 20220D03763) § OPINION Appellee Isaias Burciaga was indicted on three counts of smuggling of persons with intent to obtain a pecuniary benefit. Challenging a portion of the statute, Burciaga moved to quash the indictment on multiple constitutional grounds based on facial and as-applied challenges. After a brief hearing, the presiding judge of the 41st Judicial District Court…

2Cases cited34 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Guzman v. StateCourt of Criminal Appeals of Texas · 1997
  3. United States v. SalernoSupreme Court of the United States · 1987
  4. Johnson v. United StatesSupreme Court of the United States · 2015
  5. Broadrick v. OklahomaSupreme Court of the United States · 1973

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