Opinion

Nilda Iliana Rodriguez v. State

  • 408 S.W.3d 628
  • 2013 Tex. App. LEXIS 9871
  • 2013 WL 4007578
Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Jul 31, 2013
Status
Published
Author
Field
On the bench
Jones, Goodwin, Field
Cited by
8 cases
Authority
More cited than 11.8%

Reversed on other grounds by Rodriguez, Nilda Iliana, 2014 Tex. Crim. App. LEXIS 876 (2014)

holding that error in Rodriguez’s indictment—which alleged omissions rather than affirmative acts to support felony-murder charge—was an indictment defect subject to forfeiture

How later courts described this case

  • holding that error in Rodriguez’s indictment—which alleged omissions rather than affirmative acts to support felony-murder charge—was an indictment defect subject to forfeiture

Written by the judges who cited it.

The opinion

SCOTT K. FIELD, Justice,

concurring.

The Court requested supplemental briefing on whether the evidence is suffi-eient to support appellant’s conviction. I would not have joined in that request had I been on the panel at that time. Appellant never argued sufficiency of the evidence in her original brief and therefore has not preserved this ground for appeal. See Tex.R.App. P. 38.1(f); Rochelle v. State, 791 S.W.2d 121, 124-25 (Tex.Crim.App.1990) (“[Sjtated policy of the rules [of appellate procedure is] that all matters be raised in the original brief.”). The Court’s request for additional briefing did not “grant or even impliedly grant a supplemental issue for review”; thus, this Court is not required to address the sufficiency of the evidence, and I believe it should decline to do so in this case. See Ganett v. State, 220 S.W.3d 927, 928-29 (Tex.Crim.App.2007) (concluding that appellate court not required to address issues not raised in original brief, even when court requests supplemental briefing).

I concur in the majority’s analysis of the issues raised in appellant’s original brief and the judgment of the Court. 1

. I express no opinion about the sufficiency of the evidence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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