Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of March 13, 2023.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Valdesgalvan v. State, No. 02-22-00098-CR (Mar. 16, 2023) (Birdwell, J., joined by Wallach and Walker, JJ.).

Held: Appellant challenged his conviction for aggravated assault with a deadly weapon on the sole ground that Article 38.371 of the Texas Code of Criminal Procedure is facially unconstitutional.  Specifically, he argued that the admission of extraneous offense evidence under Article 38.371 violates a defendant’s right to due process under the Fourteenth Amendment to the United States Constitution.  However, because the statute is rationally related to a legitimate state interest and includes proper procedural safeguards to prevent the admission of character evidence in violation of a defendant’s due process rights, Appellant’s constitutional argument fails.