Background
Sariah Garcia appealed four judgments adjudicating her guilt, filing a combined brief addressing the related appeals. This appeal concerned a judgment convicting her of burglary of a habitation under Texas Penal Code Section 30.02.
Garcia’s combined brief alleged sentencing errors in only two of the four judgments. She raised no challenge to the burglary judgment at issue in this appeal. The case had been transferred from the Second Court of Appeals under a Texas Supreme Court docket-equalization order, so the Sixth Court applied Second Court precedent.
The Court’s Holding
The Texas Sixth Court of Appeals affirmed the burglary judgment because Garcia asserted no complaint concerning that judgment.
The court noted that its opinion in companion cause number 06-26-00018-CR addressed Garcia’s combined brief and variances between the trial court’s oral sentencing pronouncements and two written judgments. Those variances did not affect the disposition here because this appeal involved one of the judgments Garcia did not challenge.
Key Takeaways
- The court affirmed Garcia’s burglary-of-a-habitation judgment.
- Garcia asserted no appellate challenge to the judgment involved in this cause.
- Sentencing variances raised in related appeals were addressed in a companion opinion, not used to alter this judgment.
Why It Matters
The decision illustrates that an appellant’s challenges must be directed to the particular judgment under review. Although Garcia’s combined brief identified errors in related judgments, those arguments provided no basis to disturb the separate burglary judgment she did not challenge.