Garcia v. Beto, 71-1383 Summary Calendar.
| Decision Date | 18 January 1972 |
| Docket Number | No. 71-1383 Summary Calendar.,71-1383 Summary Calendar. |
| Parties | Nicholas GARCIA, Jr., Petitioner-Appellee, v. Dr. George J. BETO, Respondent-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Crawford C. Martin, Atty. Gen. of Texas, Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.
Florentino Ramirez, Jr., Ramirez & Canales, Adolph P. Canales, Dallas, Tex., for petitioner-appellee.
Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.
We reverse the district court's issuance of a writ of habeas corpus based upon the petitioner's being tried in prison coveralls because it appears from the record that he waived his right to be tried in civilian clothes rather than jail clothes. This court has stated that it is inherently unfair to try a defendant in prison garb,1 but that each case must be considered in its own factual context to determine whether the conviction from such a trial must be set aside.2
Garcia was caught driving a new automobile which had been taken from the fenced-in yard of a Dallas Ford dealer. Indicted for theft of the car, the defendant's only defense was to attempt to negate the specific intent required for a felonious taking. In the absence of intent he could have been convicted of driving an auto without the owner's consent, but this could not be used for enhancement of a prior burglary conviction. So intent was important to the state's case for enhancement and critical to the defense.
Garcia testified that he had been drinking heavily and did not remember how he came into possession of the car. Defense counsel sought to persuade the jury that the defendant could not have had the specific intent to steal because he was drunk. Counsel thought that being tried in prison clothes strengthened his case on this point. At a hearing on the state habeas corpus petition, the transcript of which was before the district court, Garcia's trial attorney testified as follows:
This case then differs from Hernandez v. Beto, supra, where counsel admittedly gave no thought to such tactics at the time of trial but did not object to the trial in prison garb because from past experience he thought such a motion would be treated as frivolous. Accordingly, the order of the district court is reversed with direction to discharge the writ and dismiss the petition.3
Reversed.
* Rule 18, 5th Cir.; see Isbell Enterprises, Inc. v....
To continue reading
Request your trial
-
Estelle v. Williams
...sympathy from the jury. Andern v. Watt, 475 F.2d 881, 882 (CA10 1973); Watt v. Page, supra, 452 F.2d, at 1176. Cf. Garcia v. Beto, 452 F.2d 655, 656 (CA5 1971). This is apparently an accepted practice in Texas courts, Barber v. State, 477 S.W.2d 868, 870 (Tex.Crim.App.1972), including the c......
-
People v. Romero
...from the jury. Anderson v. Watt, 475 F.2d 881, 882 (CA10 1973); Watt v. Page [452 F.2d 1174, at 1176 (CA10 1972) ]. Cf. Garcia v. Beto, 452 F.2d 655, 656 (CA5 1971).9 Subsequent to January 11, 1981, the date of the offense in this case, the legislature amended section 18-1-105 by adding a n......
-
Williams v. Beto
...Cir. 1967); Hernandez v. Beto, 443 F.2d 634 (5th Cir. 1971), cert. denied, 404 U.S. 897, 92 S.Ct. 201, 30 L. Ed.2d 174; Garcia v. Beto, 452 F.2d 655 (5th Cir. 1972); United States v. Fideler, 457 F.2d 921 (5th Cir. 1972); Goodspeed v. Beto, 460 F.2d 398 (5th Cir. 1972); Hollins v. Beto, 467......
-
Kwon v. Benedetti
...sympathy from the jury. Andern v. Watt, 475 F.2d 881, 882 (CA10 1973); Watt v. Page, supra, 452 F.2d, at 1176. Cf. Garcia v. Beto, 452 F.2d 655, 656 (CA5 1971). This is apparently an accepted practice in Texas courts, Barber v. State, 477 S.W.2d 868, 870 (Tex.Crim.App.1972), including the c......