Legal Opinion
Benavidez v. State
Court of Criminal Appeals of Texas
Decided October 20, 2010No. PD-1551-09PublishedCited by 70 opinions
1Opinion of the CourtPrice, J.
in which MEYERS, WOMACK, JOHNSON, KEASLER, HOLCOMB and COCHRAN, JJ„ joined.
OPINION
In an unpublished opinion, the Thirteenth Court of Appeals vacated the trial court’s judgment of conviction in this cause and remanded it to the trial court for entry of a judgment of acquittal.1 It did so in the absence of any finding that the evidence was legally insufficient to support the jury’s verdict. We granted the State Prosecuting Attorney’s (SPA) petition for discretionary review to examine the propriety of this remedy. We will vacate the judgment of the court of appeals and remand the cause to that…
2Cases cited16 opinions
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Burks v. United StatesSupreme Court of the United States · 1978
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- Greene v. MasseySupreme Court of the United States · 1978
11 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Winfrey, Megan AKA Megan Winfrey HammondCourt of Criminal Appeals of Texas · 2013
- Davison, Anthony RayCourt of Criminal Appeals of Texas · 2013
- State of Texas v. Esparza, CarlosCourt of Criminal Appeals of Texas · 2013
- Ex parte ReyesCourt of Criminal Appeals of Texas · 2015
- Timothy O'Reilly v. State, Texas Court of Appeals, 5th District (Dallas)2016
65 more not listed; retrieve them via the Exa API.