GABALDON, IVAN v. the State of Texas

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0149-23 THE STATE OF TEXAS v. IVAN GABALDON, Appellee ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE EIGHTH COURT OF APPEALS EL PASO COUNTY SCHENCK, P.J., filed a concurring opinion. OPINION In this case, the trial court chose to remedy a finding of prosecutorial vindictiveness by dismissing the indictment with prejudice. The majority holds that doing so was an abuse of discretion, while Judge Finley’s dissent finds no other adequate remedy. I write separately to ascertain a remedy between these two GABALDON CONCURRENCE – 2 extremes,…