Garcia v. State

After finding appellant Calixto Garcia guilty as charged of the offense of aggravated assault of a public servant, the jury assessed a sentence of fifty years confinement. See TEX. PEN. CODE ANN. § 22.02(b)(2)(B) (Vernon Supp. 2006). Garcia appeals only his sentence, complaining that the trial court committed reversible error during the punishment phase by (1) admitting testimony relating to his gang membership, affiliation, or association, and (2) admitting photographs of his gang-related tattoos in violation of his state and federal constitutional rights and Texas law. Finding no error, we affirm.