Garcia v. Texas (original by judge keasler)Annotate this Case
Freddy Garcia was indicted on one count of aggravated sexual assault, but at trial, the victim described two separate sexual assaults. When the State rested its case in chief, Garcia asked for an election between the two incidents. This request was denied. The court of appeals held that denying Garcia’s request was error of constitutional magnitude and reversed Garcia’s conviction. The Texas Court of Criminal Appeals agreed that the trial judge committed constitutional error but disagreed that the error was harmful. The Court therefore reversed the court of appeals’ judgment and affirmed Garcia’s conviction.