David Carrol Gillenwaters, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals and remanded, holding that the appellant's motion for new trial was sufficiently specific and timely to preserve his "unconstitutionally vague as applied" challenge to Texas Penal Code § 42.07(a)(4). The court found the motion did not preserve an overbreadth challenge and that the appellate court erred in refusing to consider the vague‑as‑applied issue.