- Tex. Crim. App.
- Alcala, J
The court of appeals ruled in favor of appellant, Victor Martinez Garcia, by applying the common-law due-diligence requirement, which the state now argues has been superseded by statute. The common-law requirement has been replaced by Texas Code of Criminal Procedure Article 42.12 § 24. The court of appeals' judgment is reversed. Court of Criminal Appeals, No. PD-1846-11, 12-12-2012.