Court of Criminal Appeals of Texas
Alejandro Garza, Appellant v. the State of Texas, Appellee
May 26, 1982633 S.W.2d 508
Summary
The Court of Criminal Appeals affirmed the conviction for attempted burglary, holding that the in‑court identification testimony of witnesses Rosado and Garcia was admissible and did not violate the appellant's due‑process rights. The majority reasoned that the identification, based on clothing and a brief post‑arrest confrontation, was reliable under the totality of the circumstances and that the jury could assess its weight. Separate dissenting and concurring opinions argued that the identification was tainted and that no positive in‑court identification was made, respectively.