Castanuela v. State
| Decision Date | 16 September 1968 |
| Docket Number | No. 41493,41493 |
| Parties | Eugenio CASTANUELA, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Sawtelle, Goode, Troilo, Davidson & Leighton, by Terry Topham, San Antonio, for appellant.
James E. Barlow, Dist. Atty., Sparta Bitsis, Asst. Dist. Atty., San Antonio, and
Leon B. Douglas, State's Atty., Austin, for the State.
This is an out of time appeal by appellant from a conviction for passing as true a forged instrument in writing.
In 1960 appellant was convicted in Criminal District Court No. 2 of Bexar County (now the 175th Judicial District Court) of passing as true a forged instrument. His punishment was fixed at life imprisonment, being enhanced under Art. 63, P.C., by reason of three prior convictions for felony offenses less than capital.
On an original appeal the judgment of conviction was affirmed by this court in Castanuela v. State, 171 Tex.Cr.R. 173, 346 S.W.2d 332.
Thereafter, in 1967, appellant filed a petition for writ of habeas corpus pursuant to Art. 11.07, C.C.P., in the said 175th Judicial District Court, alleging that he was without the assistance of counsel on the appeal and that he was indigent at the time. The trial judge certified his findings of fact and conclusions of law supporting the appellant's allegations in the petition to this court, which court in an opinion delivered February 28, 1968, authorized the trial court to 'appoint counsel on appeal and afford the applicant a delayed or out of time appeal to this Court with benefit of counsel.' Ex parte Castanuela, 435 S.W.2d 145.
Pursuant to such order, appellant was again brought before the 175th Judicial District Court of Bexar County and after appointment of counsel to represent him was afforded a delayed or out of time appeal.
In his brief, appellant insists that the evidence is insufficient to show that he knew the check to be a forgery at the time he passed it.
The testimony of Justo Guajardo, Jr., a witness for the state shows that he knew the appellant for twelve years approximately, and identified him at the trial as being the same person who passed a check to him on June 4, 1960, in the sum of $75, payable to 'Eugenio Castanuela,' signed 'H. L. Green, Director, Texas Surplus Property Agency, Administrative Imprest Fund,' and drawn on the Northside State Bank, San Antonio, Texas. The witness Guajardo further identified a check at the trial as the same check passed to him by the appellant, who endorsed it in his presence, and for which he paid appellant the amount of the check in money. Said check was then introduced in evidence and numbered state's exhibit #5.
The...
To continue reading
Request your trial
-
Crawford v. State
...401 S.W.2d 806. Cr. also Ex parte Young, Tex.Cr.App., 418 S.W.2d 824; Ex parte Castanuela, Tex.Cr.App., 435 S.W.2d 145; Castanuela v. State, Tex.Cr.App., 435 S.W.2d 146. In Ex parte Mixon, supra, a habeas corpus proceeding, this Court set aside its order affirming Mixon's conviction (365 S.......
-
Hill v. State
...allowed Higaz and Henry to talk to her. The woman told both Higaz and Henry that the check was "all right." In Castanuela v. State, 435 S.W.2d 146, 148 (Tex.Crim.App.1968), the Court held that the evidence was sufficient to prove the "intent to defraud or harm" because the defendant cashed ......
-
Griffin v. State
...Wilson v. State, 605 S.W.2d 284 (Tex.Crim.App.1980), Phillips v. State, 488 S.W.2d 97 (Tex.Crim.App.1972), Castanuela v. State, 435 S.W.2d 146 (Tex.Crim.App.1968), and Stone v. State, 823 S.W.2d 375 (Tex.App.--Austin 1992, pet. ref'd, untimely Where handwriting between the forged signature ......
-
Bradley v. State
...in accordance with Ex parte Young, Tex.Cr.App., 418 S.W.2d 824; Ex parte Castanuela, Tex.Cr.App., 435 S.W.2d 145; and Castanuela v. State, Tex.Cr.App., 435 S.W.2d 146, the trial court properly afforded this appellant an out of time appeal without prior approval by this The appellate record ......