Texas v. Arizmendi (original by presiding judge keller)Annotate this Case
Appellee Rosa Arizmendi pled guilty pursuant to an agreement, but she moved for a new trial after her codefendant prevailed on a motion to suppress. Appellee, with a co-defendant, was charged with possession with intent to deliver methamphetamine in an amount of more than 400 grams. The Court of Criminal Appeals concluded appellee’s allegations in the motion for new trial were without merit because her failure to discover the new information was due to her own lack of diligence. Even if appellee had been diligent, the Court also concluded the ruling on the motion to suppress was not evidence and that the officer’s testimony at the hearing was either cumulative of the video evidence appellee had already seen or collateral because it was not material to the suppression issue in the co-defendant’s case. Furthermore, the Court concluded appellee’s ineffective assistance allegation was not properly before the trial court because it was not made within thirty days of the judgment and the State objected to it.