Angelo R. Carrillo v. State, 98 S.W.3d 789 (Tex. App. 2003). · Go Syfert
Angelo R. Carrillo v. State, 98 S.W.3d 789 (Tex. App. 2003). Cases Citing This Book View Copy Cite
370 citation events (370 in the last 25 years) across 6 distinct courts.
Strongest positive: Jose Alberto Amaya Perez v. the State of Texas (txctapp1, 2026-06-16)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Jose Alberto Amaya Perez v. the State of Texas
txctapp1 · 2026 · confidence medium
P. 47.7(a); Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.— Amarillo 2003, pet. ref’d) (“[T]he court to whom an unpublished opinion is cited has no obligation to follow the opinion or to specifically distinguish such opinion.”).
discussed Cited as authority (rule) Shawn Paul Robinson v. the State of Texas
txctapp1 · 2026 · confidence medium
A reviewing court may take guidance from unpublished opinions “as an aid in developing reasoning that may be employed.” Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d). 8 Sanchez was not entitled to the defensive instruction.
discussed Cited as authority (rule) Jonathan David Benami v. the State of Texas
Tex. App. · 2025 · confidence medium
Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 15 Although not explicit, it appears that the proffered expert witness conducted the psychological evaluation.
discussed Cited as authority (rule) Eric Deon Rollins v. the State of Texas
Tex. App. · 2025 · confidence medium
Many of our sister courts of appeals have determined that in murder cases in which the defendant claims self-defense, the statute governing self-defense—section 9.32—“evidences a legislative intent that precludes an accompanying necessity instruction.” Id. at 835; see Striblin v. State, No. 04-17-00826-CR, 2019 WL 1049233 , at *4 (Tex. App.—San Antonio Mar. 6, 2019, pet. ref’d) (mem. op., not designated for publication); Sneed v. State, No. 11-15-00320-CR, 2017 WL 2588164 , at *3 (Tex. App.—Eastland Apr. 28, 2017, pet. ref’d) (mem. op., not designated for publication); Kelley v…
discussed Cited as authority (rule) Juan Carlos Alvarez-Ramirez v. the State of Texas
Tex. App. · 2024 · confidence medium
“The ‘“law as authorized by the indictment” “Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in 10 developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 8 consists of the statutory elements of the offense and those elements as modified by the indictment.’” Id. (quoting Thomas, 444 S.W.3d at 8 ).
discussed Cited as authority (rule) Bardul Ajro v. the State of Texas
Tex. App. · 2023 · confidence medium
Acosta’s probation officer testified that a capias warrant did issue in May 2001, but it was not received at the federal prison facility until 3 Although both cases discussed hereafter are unpublished, we may take guidance from unpublished opinions to “aid in developing reasoning that may be employed.” Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d). 3 October 2001, because the probation office had difficulty locating Acosta within the federal prison system.
discussed Cited as authority (rule) Sullivan O'Neal Arnold III v. the State of Texas
Tex. App. · 2023 · confidence medium
R. 47.7(a), “we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)).
discussed Cited as authority (rule) MacK Curtis Ivory v. the State of Texas
Tex. App. · 2023 · confidence medium
“Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in 11 developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 21 B.
discussed Cited as authority (rule) Zimbabwe Raymond Johnson v. the State of Texas
Tex. App. · 2022 · confidence medium
Accordingly, we overrule Johnson’s first point of error. 7 Although unpublished cases have no precedential value, we may take guidance from them “as an aid in developing reasoning that may be employed.” Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d). 9 III.
discussed Cited as authority (rule) Daryl Christopher Simmons v. the State of Texas
Tex. App. · 2022 · confidence medium
In that situation, he could easily have 6 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 7 The jury charge included an instruction on the defense of involuntary intoxication. 8 The Penal Code defines reckless as follows: A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct…
discussed Cited as authority (rule) Jason Chambers, Jr. v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2022 · confidence medium
Moreover, at the hearing on the motion for a new “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in 11 developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 7 trial, the trial court expressed its disbelief that Chambers had not been informed of the charges against Cal by his family before trial.
discussed Cited as authority (rule) Roberto Canas Gardea v. the State of Texas
Tex. App. · 2022 · confidence medium
For those reasons, we modify the amount charged for “REIMBURSEMENT FEE STATE (FELONY)” in 5 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 5 the bill of costs to $133.00, we delete the charge for “REIMBURSEMENT FEE COUNTY (FELONY)” from the bill of costs, and we modify the amount for “TOTAL FELONY REIMBUR…
discussed Cited as authority (rule) Damien O'Keith Lawson v. the State of Texas
Tex. App. · 2022 · confidence medium
I need to rest,” was ambiguous and conveyed only that suspect believed he was physically unable to continue); Franks v. State, 90 S.W.3d 771, 787 (Tex. App.—Fort Worth 2002, no pet.) (concluding that suspect’s statement that he was tired and did not want to talk anymore was ambiguous and merely signified that suspect was physically unable to continue); Granberry v. State, 745 S.W.2d 34, 37 (Tex. App.—Houston [14th Dist.] 1987, pet. ref’d) (determining the totality of the circumstances around the statement “I will terminate it now” did not invoke appellant’s right to terminate t…
discussed Cited as authority (rule) Nikita West v. the State of Texas
Tex. App. · 2022 · confidence medium
West objected to the admission of the photographic lineup on the basis that the State failed to establish that it was conducted in accordance with Article 38.20 of the Texas 4 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 5 To the extent West claims that Reeves’s failure to testify violated his Confrontation Cla…
discussed Cited as authority (rule) Craig Merlin Wild v. the State of Texas
Tex. App. · 2022 · confidence medium
App. 2012)). 6 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 12 that as to the offense of aggravated sexual assault, “penetration is complete regardless of how slight.” Manrrique v. State, No. 02-19-00458-CR, 2021 WL 4205011 , at *3–4 (Tex. App.—Fort Worth Sept. 16, 2021, no pet.) (mem. op., not designated…
discussed Cited as authority (rule) in Re Troy Rider
Tex. App. · 2022 · confidence medium
Yet, “[a]s applied to prosecutors, the term disqualification must be distinguished from recusal because they are not interchangeable words.” In re State, No. 08-13-00195-CR, 2014 WL 2567951 , at *5 (Tex. 1 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 4 App.—El Paso June 6, 2014, orig. proceeding) (not desig…
discussed Cited as authority (rule) Aaron Caleb Swenson v. the State of Texas
Tex. App. · 2022 · confidence medium
Those two cases “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in 10 developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 11 The court found the indictment sufficient for purposes of notice to McCravy and to invoke the trial court’s jurisdiction for the charge of attempted burglary.
discussed Cited as authority (rule) William Charles Gatewood, Jr. v. the State of Texas
Tex. App. · 2022 · confidence medium
Therefore, there is more than a scintilla 3 “Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 4 Insanity caused by voluntary intoxication does not constitute a defense to the commission of a crime.
discussed Cited as authority (rule) in Re the State of Texas Ex Rel. Reid McCain
Tex. App. · 2022 · confidence medium
P. 52.3(j). 2 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 3 Some of the documents in the appendix contain file marks.
discussed Cited as authority (rule) Lamont Lankeen Mitchell v. the State of Texas
Tex. App. · 2022 · confidence medium
Pursuant to Dulin, we strike the time payment fee “in [its] entirety, without prejudice to [it] being assessed later if, more than 30 days after the issuance of the appellate mandate, the defendant has failed to 1 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 4 completely pay any fine, court costs, or restitutio…
discussed Cited as authority (rule) Jace Martin Laws v. the State of Texas
Tex. App. · 2022 · confidence medium
App. 1991), but Ocon and Robinson were both cases involving the second provision of Article 36.22 and questions of jury misconduct. 6 “Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 12 that the alternate juror actually participated in deliberations or communicated with the regular jurors about the case, [Appellant] has…
discussed Cited as authority (rule) Premium Warez Clark v. the State of Texas
Tex. App. · 2022 · confidence medium
P. 25.2(a)(2), (b); Guerra v. State, No. 06-19-00240-CR, 2020 WL 3634391 , at *2 (Tex. App.—Texarkana July 6, 2020, pet. ref’d) (mem. op., not designated for publication).5 However, no notice of appeal or certification of his right of appeal has been filed relating to the misdemeanor assault judgment, which was entered under trial court cause number 20M0679 by 5 “Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref…
discussed Cited as authority (rule) the State of Texas v. Eric Scarberry
Tex. App. · 2022 · confidence medium
“Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Garcia v. State, 553 S.W.3d 645, 647 (Tex. App.—Texarkana 2018, pet. ref’d) (citing Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d))).
discussed Cited as authority (rule) Prentis Earl Smith II v. the State of Texas
Tex. App. · 2022 · confidence medium
Stevens Justice Date Submitted: March 3, 2022 Date Decided: June 7, 2022 Do Not Publish “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in 11 developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 27
discussed Cited as authority (rule) in Re Kim Wayne Burden
Tex. App. · 2022 · confidence medium
“A trial court is required to consider and rule on a properly filed motion within a reasonable period of time once a ruling has been requested.” In re Smith, No. 06-18-00003-CR, 2018 WL 508324 , at *1 (Tex. App.—Texarkana Jan. 23, 2018, orig. proceeding) (mem. op., not designated for publication).1 Even so, “before mandamus may issue, the relator must show that the trial court had a legal duty to perform a ministerial act, was asked to do so, and failed or refused to act.” In re Burden, No. 06-20-00111-CR, 2020 WL 6325062 , at *1 (Tex. App.— 1 “Although unpublished cases have no …
discussed Cited as authority (rule) Terrance Norvell, Jr. v. the State of Texas
Tex. App. · 2022 · confidence medium
Specifically, Norvell complains of the evidence that he (1) assaulted a man in Shaw’s presence, (2) made Shaw witness him shooting guns at houses, (3) previously pointed firearms at Shaw, (4) injured Shaw’s dog, (5) assaulted 8 “Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 9 Shaw’s son, and (6) held Shaw hostag…
discussed Cited as authority (rule) Scott Ronald Darnell v. the State of Texas
Tex. App. · 2022 · confidence medium
Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 6 other hand, if the property is destroyed but the fair market value of that property cannot be ascertained, then the pecuniary loss is the cost of replacing that property.” Id. (citing TEX.
discussed Cited as authority (rule) Johnny Len Kellogg v. the State of Texas
Tex. App. · 2022 · confidence medium
It is not the function of the charge merely to 6 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 7 avoid misleading or confusing the jury: it is the function of the charge to lead and prevent confusion.” Id. (quoting Lee, 415 S.W.3d at 917 ; Delgado v. State, 235 S.W.3d 244, 249 (Tex. Crim.
discussed Cited as authority (rule) Zafres Lamonn McDonald v. the State of Texas
Tex. App. · 2022 · confidence medium
“Conversely, if the trial court 4 “Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 6 rejects the punishment recommendation, the defendant may withdraw his guilty plea, and neither party is bound by the plea agreement.” Id.5 “[A] defendant has no right to demand that the State enter into a plea bargain.” DeRusse …
discussed Cited as authority (rule) John Charles Denelsbeck, III v. the State of Texas
Tex. App. · 2022 · confidence medium
Because evidence of separate sexual offenses is “probative on the issues of intent and a defendant’s character or propensity to commit 2 “Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 9 sexual assaults on children,” Price, 594 S.W.3d at 680 (citing Bradshaw, 466 S.W.3d at 884 ), existing authority has found that…
discussed Cited as authority (rule) Douglas Gene McCloure v. the State of Texas
Tex. App. · 2021 · confidence medium
Even though such cases “have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)).
discussed Cited as authority (rule) Markerrion D'Shon Allison v. the State of Texas
Tex. App. · 2021 · confidence medium
As the court of appeals rightly noted, the emphasis of a harm 31 Although this unpublished case has no precedential value, we may take guidance from it “as an aid in developing reasoning that may be employed.” Carillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d). 27 analysis pursuant to Rule 44.2(a) should not be on “the propriety of the outcome of the trial.” That is to say, the question for the reviewing court is not whether the jury verdict was supported by the evidence.
discussed Cited as authority (rule) Jason Dean Cravey v. the State of Texas
Tex. App. · 2021 · confidence medium
“This second inquiry is a fact question based on the evidence admitted at trial and requires that there be some evidence that would allow a rational jury to acquit the defendant of the greater charge and convict him of the lesser-included offense.” 1 “Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 5 Id. (citing Cav…
discussed Cited as authority (rule) Maximino Manuel Ibarra v. the State of Texas
Tex. App. · 2021 · confidence medium
Ibarra readily acknowledges that “[p]unishment that falls within the legislatively prescribed range . . . is not subject to a sufficiency-of-the-evidence review on appeal.” See Montelongo v. State, No. 08-18-00093-CR, 2020 WL 4034961 , at *5 (Tex. App.—El Paso July 17, 2020, pet. ref’d) (not designated for publication).3 Instead, Ibarra argues that, because 3 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet.…
discussed Cited as authority (rule) Cecil Allan Moore v. the State of Texas
Tex. App. · 2021 · confidence medium
When the State has met its burden of proof and no procedural obstacle is raised, the decision whether to 2 “Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 3 The preponderance of the evidence standard is met when the greater weight of the credible evidence before the trial court supports a reasonable belief that a condi…
discussed Cited as authority (rule) Jesus Antonio-Hernandez v. the State of Texas
Tex. App. · 2021 · confidence medium
Wood v. State, 1 “Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 3 486 S.W.3d 583, 589 (Tex. Crim.
discussed Cited as authority (rule) Michael D. Menefee v. the State of Texas
Tex. App. · 2021 · confidence medium
App. 2007); Hughes v. State, 16 S.W.3d 429, 431 (Tex. App.—Waco 2000, no pet.). 4 “Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 10 In the trial court, Menefee did not assert res judicata or collateral estoppel in his motion or in his arguments at the hearing on the motion.
discussed Cited as authority (rule) Jeremy Shane Lowe v. the State of Texas
Tex. App. · 2021 · confidence medium
We also modify the judgment by deleting the phrase “Two Years Incarceration TDCJ state jail; Probated (3) Three Years Adjudicated Community Supervision” from the section of the judgment labeled “Terms of Plea Bargain.” 1 “Although unpublished cases have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 4 As modified, we affirm the trial court’…
discussed Cited as authority (rule) Raymond Earl Rogers v. the State of Texas
Tex. App. · 2021 · confidence medium
PENAL CODE ANN. § 21.11. 2 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 4 III.
discussed Cited as authority (rule) Deion Marquis Sanders v. the State of Texas
Tex. App. · 2021 · confidence medium
Counsel for Sanders filed a response to our letter, stating that 1 Although this unpublished case has no precedential value, we may take guidance from it “as an aid in developing reasoning that may be employed.” Carillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d). 2 The Texas Legislature has granted a very limited right of appeal in plea-bargain cases.
discussed Cited as authority (rule) Ex Parte Manuel Flores, Jr.
Tex. App. · 2021 · confidence medium
P. 41.3. 3 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 2 conclusion under the correct law and facts viewed in the light most favorable to its legal conclusion.” Ex parte Warren, No. 10-19-00140-CR, 2019 WL 4865789 , at *1 (Tex. App.— Waco Oct. 2, 2019, no pet.) (mem. op., not designated for publication) (quo…
discussed Cited as authority (rule) Aaron Michael Petton v. State
Tex. App. · 2021 · confidence medium
Jan. 1, 2021). 4 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 3 Houston [1st Dist.] 2003, no pet.) (trial court erred to assess $4,000.00 in investigative expenses incurred by Houston Police Department as restitution since the Department “was not the direct recipient of an injury caused by appellant’s crime�…
discussed Cited as authority (rule) Danny Gipson v. State
Tex. App. · 2020 · confidence medium
The state’s moving to withdraw the habitual offender -- paragraphs? 4 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 6 [State’s Attorney]: Allegations, yes, sir, there are two of them.
discussed Cited as authority (rule) Nolan Turner v. State
Tex. App. · 2020 · confidence medium
Yet, Turner did not argue that submission of the supplemental charge would constitute a comment on the weight of the evidence or that it would do so because it 4 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 10 would draw the jury’s attention to Kathy’s testimony.5 As a result, we will not reverse the judgment…
discussed Cited as authority (rule) Dereck Wayne Fuller, Jr. v. State
Tex. App. · 2020 · confidence medium
Because Fuller’s offense was committed before September 1, 2019, we sustain Fuller’s complaint that the trial court was 1 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 3 not authorized to stack his sentence in this case with the sentence for continuous trafficking of persons.
discussed Cited as authority (rule) Leonard George Mitchell v. State
Tex. App. · 2020 · confidence medium
As a result, we find there was 6 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 9 sufficient evidence to support the trial court’s finding.
discussed Cited as authority (rule) Jace Martin Laws v. State
Tex. App. · 2020 · confidence medium
Although this unpublished case has no precedential value, we may take guidance from it “as an aid in developing reasoning that may be employed.” Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d). 21 no notation on the motion indicating that the trial court had seen it, and there is no docket entry showing that the motion was brought to the trial court’s attention.” Id.
discussed Cited as authority (rule) Tyrus Kevon Johnson v. State
Tex. App. · 2020 · confidence medium
“In any given case, ‘these factors may well blend together in practice.’” Price v. State, 594 S.W.3d 674 , 680 (Tex. App.—Texarkana 2019, no pet.) (quoting Gigliobianco, 210 S.W.3d at 642 ). 7 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 12 “Rule 403 favors admissibility, and ‘the presumption is tha…
discussed Cited as authority (rule) Shamarcus Torrell Carter v. State
Tex. App. · 2020 · confidence medium
Although Carter had been in jail since September 7, 2017, he did not file his pro se speedy trial motion until February 28, 2019, nine days after coming into Cass County’s custody.12 There is nothing in the record that would support a conclusion that Carter made any effort to seek a speedy trial before filing his pro se motion.13 After the motion was filed, it was “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in 11 developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pe…
discussed Cited as authority (rule) Meka Lovell Spencer v. State
Tex. App. · 2020 · confidence medium
The record also shows that the district clerk issued a 4 “Although unpublished opinions have no precedential value, we may take guidance from them ‘as an aid in developing reasoning that may be employed.’” Rhymes v. State, 536 S.W.3d 85 , 99 n.9 (Tex. App.—Texarkana 2017, pet. ref’d) (quoting Carrillo v. State, 98 S.W.3d 789, 794 (Tex. App.—Amarillo 2003, pet. ref’d)). 6 notice of hearing to Spencer on October 20, 2016, but it does not show that a capias warrant was issued.
Retrieving the full opinion text from the archive…
Angelo R. CARRILLO, Appellant,
v.
the STATE of Texas, Appellee
07-02-00307-CR.
Court of Appeals of Texas.
Mar 4, 2003.
98 S.W.3d 789
2003 Tex. App. LEXIS 2003
Brian W. Wice, Houston, for appellant., Wade Jackson, Assistant Criminal District Attorney, Lubbock, for appellee.
Quinn, Reavis, Boyd.
Cited by 300 opinions  |  Published

OPINION

JOHN T. BOYD, Senior Justice (Retired).

In three points of asserted error, appellant Angelo R. Carrillo challenges his conviction, after a guilty plea, of the felony offense of possession of a controlled substance and the plea bargained punishment of seven years penal confinement, probated, and a $750 fíne. In his points, he contends the trial court erred in denying his pretrial suppression motion because the affidavit in support of the application for a search warrant was not sufficient to show probable cause. Disagreeing that reversal is required, we affirm the judgment of the trial court.

The standard of review of a trial court’s ruling on a motion to suppress is an abuse of discretion. Villarreal v. State, 935 S.W.2d 134, 138 (Tex.Crim.App.1996). In conducting our review, we give almost total deference to the trial court’s determination of historical facts and review the court’s application of search and seizure law de novo. Guzman v. State, 955 S.W.2d 85, 88-89 (Tex.Crim.App.1997). Here, the trial court did not make explicit findings of historical facts, so we review the evidence in a light most favorable to the trial court’s ruling and assume that it made explicit findings of fact supported in the record. Carmouche v. State, 10 S.W.3d 323, 327-28 (Tex.Crim.App.2000). Appellate review of an affidavit in support of a search warrant, however, is not de novo, but rather, great deference is given to the magistrate’s determination of probable cause. Illinois v. Gates, 462 U.S. 213, 236, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Probable cause is determined from the four corners of the affidavit and the reasonable inferences drawn therefrom. Cassias v. State, 719 S.W.2d 585, 587-88 (Tex.Crim.App.1986). The magistrate’s task in evaluating an affidavit is to make a practical common sense decision whether, given the totality of the circumstances set forth in the affidavit, there is a fair probability that contraband or evidence of a crime will be found in a particular place. Hennessy v. State, 660 S.W.2d 87, 89 (Tex.Crim.App.1983).

The affidavit (executed by Officer Robert Hook) submitted to obtain the search warrant in this case contained five paragraphs beginning with a description of a residence at 2122 Cornell Street in Lubbock. In the second paragraph of the affidavit, it was stated that the subject of the search would be cocaine and other controlled substances. In the third paragraph, appellant and Mary Ann Carrillo were named as being in possession of the residence, while in the fourth paragraph it was alleged that the Carrillos possessed and trafficked cocaine within a Drug Free Zone under the Health and Safety Code. A portion of the fifth paragraph read:

[*792] (B) Within the last 24 hours Affiant was able to make an undercover purchase of a substance believed to be Cocaine from a subject. Affiant met with this subject and paid in advance for a quantity of Cocaine. The subject advised Affiant he/she had to travel to another location to receive the cocaine. This subject left Affiant and drove directly to this residence. Upon arriving, this subject went inside the residence, and exited a short time later. The amount of time the subject spent inside the residence was consistent with a narcotics transaction. The subject then left and drove a short distance to a pay phone, where a call was placed. After the call, this subject drove directly back to this residence and went inside again. When he/she arrived the second time, a 1991 Plymouth Van had arrived bearing Texas Registration DB28CX. After a short time, this subject left this residence and drove directly back to Affiant, where a quantity of cocaine was delivered to Affiant. This subject was kept under surveillance during this entire time and met with no other subjects. The substance purchased tested positive for cocaine using a Scott Reagent Field Test kit. Affiant is able to recognize Cocaine and other controlled substances.
(C) Lubbock Power and Light records indicate a Virginia Carrillo as the resident of this address. Lubbock Police Department records indicate an Angelo Rufus Carrillo and Mary Ann Carrillo as the residents of this address. The listed vehicle returns to Angel Rufus Carrillo at this resident [sic],

Even though the “subject” listed in the affidavit was later identified by name, our review is limited to the four corners of the affidavit. Robuck v. State, 40 S.W.3d 650, 653 (Tex.App.-San Antonio 2001, pet. ref'd). Our initial decision must be whether the affidavit should be treated as one based on information from a confidential informant or the officer’s personal observation. In cases in which probable cause is based on information provided by anonymous informants and in “controlled buys” where police use a citizen as an active participant in a criminal investigation, courts necessarily treat the informant’s information with a degree of suspicion.

Appellant argues that the “subject” [2] in this case was a confidential informant because she was not named and she provided information to the police used to support the affidavit for a search warrant. He contends the failure to establish the subject’s credibility precludes reliance on her to establish probable cause. However, the two-prong test established in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), which required the police to establish the credibility of confidential informants, was abandoned in favor of a totality of the circumstances test in Illinois v. Gates, 462 U.S. 213, 232-33, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). The Gates Court instructed that the informant’s credibility is only one of the factors to be considered. Id.

The State argues the legal requirements imposed upon police use of confidential informants are not applicable here because the subject was not working with the police during the events described in the affidavit. From a cursory reading of the affidavit, that fact is not apparent. However, it is the only conclusion that can be drawn from the statement that Hook made[*793] an “undercover purchase [of cocaine] from a subject.” Indeed, appellant conceded as much at the hearing on his motion to suppress, in his brief, and in a motion to reconsider the suppression motion when he stated the subject “was not working as a police informant [,][t]hus she was not searched at any time during the transaction.” That being true, cases involving controlled buys are not applicable here.

Appellant also challenges the basis for the affidavit statement that the subject was watched moving between the locations as being necessarily based on hearsay inasmuch as Officer Hook stayed at the original location. There is nothing in the record, either in the affidavit or elsewhere, that established the distance from the location of the sale to the house, or that Hook could not have personally observed the subject’s movements. Even ignoring the subject’s hearsay statement, there are only two rational inferences that can be drawn from the subject’s actions, namely 1) she went to the house to pick up the cocaine, or 2) she went to the house to make Hook believe that was where she obtained the cocaine.

If the subject was a confidential informer and knew Hook was a police officer, she might have been motivated to mislead Hook as to the source of the cocaine to absolve herself of liability or to get appellant in trouble for some unknown reason. This potential to mislead police is the basis for the prophylactic measures taken in “controlled buy” situations. Although appellant argues the subject may have gone to the house to mislead Hook even without knowing he was a police officer, he does not suggest any plausible motive for doing so. Absent any indication that the subject knew Hook was a police officer, the magistrate could have reasonably concluded the likelihood that the subject’s actions were the result of subterfuge were sufficiently low to support the conclusion that there was a “fair probability” cocaine was located in the house.

Appellant also contends that the absence of any showing that an occupant of the residence gave the subject the cocaine weighs against a finding of probable cause. We disagree. The question for the magistrate’s decision was if there was a fair probability that cocaine could be found in the house rather than whether someone in the house gave it to the subject. His reliance on Hass v. State, 790 S.W.2d 609 (Tex.Crim.App.1990), is misplaced. In Hass, the court held a showing that police found contraband on passengers of a car departing a storage facility did not justify a search of the facility. Id. at 612. However, in this case, the subject went to the house after offering to sell cocaine and delivered the substance after returning from the house. Thus, the facts before us are distinguishable from those before the Hass court.

Appellant identifies this court’s unpublished opinion in State v. DeLeon, No. 07-95-0339-CR (Tex.App.-Amarillo Feb. 9, 1996, no pet.) (not designated for publication) as factually indistinguishable. Rule of Appellate Procedure 47 concerning publication and citation of opinions was revised effective January 1, 2003. Present Rule 47.7 now provides opinions not designated for publication under the former rule “have no precedential value but may be cited with the notation, ‘(not designated for publication).’ ” [3] Relying on the former rule which was in effect at the time its[*794] brief was filed, the State does not discuss DeLeon.

We have not yet addressed the effect of the change in Rule 47 and are not aware of opinions from other courts directly addressing that issue. Initially, we note that the former rule not only provided that unpublished opinions have no precedential value, but it also forbade the citation of such opinions as authority by either counsel or by a court. The difference then is the citation of unpublished opinions is no longer forbidden. With regard to the provision as to precedential value, the Seventh Edition of Black’s Law Dictionary contains a definition of precedent as “[a] decided case that furnishes a basis for determining later cases involving similar facts or issues.” Blaok’s Law Dictionary 1195 (7th ed.1999). It goes on to define the terms “binding precedent” as precedent that a court must follow, and “persuasive precedent” as that which a court “may either follow or reject but that is entitled to respect and careful consideration.” Id. It also explicates that precedent forms the core of the doctrine of stare decisis “under which it is necessary for a court to follow earlier judicial decisions when the same points arise again in litigation.” Id. at 1414.

By stating that unpublished opinions may be cited but have no prece-dential value, we perceive the intent of the rule to be that a court has no obligation to follow such opinions. The effect of the rule is to afford parties more flexibility in pointing out such opinions and the reasoning employed in them rather then simply arguing, without reference, that same reasoning. However, the court to whom an unpublished opinion is cited has no obligation to follow the opinion or to specifically distinguish such opinion. They may be cited merely as an aid in developing reasoning that may be employed by the reviewing court be it similar or different. Even so, we do not view Rule 47.7, or the former rule, as justifying unreasoned inconsistency on the part of an appellate court.

Here, appellant presented the DeLeon opinion to the trial court and argued that it was dispositive of the motion to suppress. The trial court reviewed the opinion and commented:

... [Although it’s an unpublished opinion, it is interesting to see what the appellate court for this area would do. I do find that there are sufficient differences in that case than this case so that I’m not overly concerned [about] how they ruled in that particular case.... I think that ... if they apply that same reasoning ... to this case that this search will stand up.

The trial court correctly considered our opinion in DeLeon in the light by which such an opinion should be considered, namely, as a guide to the application of legal principles to the facts then before it. The trial court determined that the facts before it were factually distinguishable from the facts before the DeLeon court. We agree with that decision. To explicate why we agree, we must refer to those facts. In DeLeon, the affidavit used in obtaining a search warrant showed that the person who offered cocaine to the officer there drove to a house on 21st Street in Lubbock, picked up a second person, drove to a convenience store where one of the people entered the store while the other drove to the defendant’s house on 38th Street, also in Lubbock, and went into the house. After leaving the house, the driver picked up the second person at the convenience store and then returned to the officer to complete the sale. We held the trial court did not abuse its discretion in finding the affidavit did not establish probable cause to believe cocaine could be[*795] found at the defendant’s house. State v. DeLeon, No. 07-95-0339-CR, slip op. at 4. There, the trial court was justified in believing that the fact that two suspects went to two different locations between the offer to sell and the delivery was too attenuated to show probable cause. That is not the case here, and the trial court acted within its discretion in overruling the motion to suppress.

Appellant’s points of error are overruled, and the judgment of the trial court is affirmed.

2

. Although referring to the person who dealt with Officer Hook and went to the house as the "subject” is somewhat awkward, we will use that reference in this opinion to be consistent with the references in the affidavit.

3

. Former Rule 47.7 provided: "Opinions not designated for publication by the court of appeals have no precedential value and must not be cited as authority by counsel or by a court.”