Tuesday, December 10, 2024


13TH COURT OF APPEALS REVERSES GABRIELA GARCIA IN CRIMINAL CASE BASED ON NO EVIDENCE TO SUPPORT THE JUDGMENT

 ALVARO GARCIA was the Chief of Police for the Palm Valley Police Department.  He was charged with three counts of tampering with a governmental record with the intent to harm or defraud. See TEX. PENAL CODE ANN. § 37.10(c)(1). This is part of the criminal charge I am pursuing against Gabby Garcia, and Irma Gilman.

In this case the COA had no problem in finding there was no evidence in the record to support the conviction. "Because the evidence is insufficient to support the convictions, we reverse and render a judgment of acquittal on each of the three counts."

The issue is so clear, she either was asleep during the trial, or was not paying attention.

When a judge has to be told that there must be evidence of a crime before they convict someone, the judge becomes a threat to everyone.

Now based on my own experience in monitoring her docket entries, they are less than complete.  In fact, they are horrible. So, I cannot rely on the journal entries for part of this story. 

It is perfunctory that a defense attorney after the state rests it case, the defense attorney files a motion asking their client to be found not guilty based on the lack of evidence.  There is no such docket entry.

It could have happened, but Garcia failed to enter it into court's journal.

To put this into context, Gabby Garcia allowed for the conviction of Alvaro Garcia, even though there was no evidence. 



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