Appeals Court orders re-sentencing of convicted murderer

Appeals Court orders re-sentencing of convicted murderer

Posted: Updated:
LUBBOCK, Texas -

Convicted killer Pete Garcia has appealed his conviction and sentence of 35 years, according to court documents. 

Court records indicate after receiving the jury's verdict, the court excused the jury, took witness impact statements and then remanded Garcia without verbally pronouncing his sentence. 

The 7th District Court of Appeals states a trial court must pronounce a defendant's sentence verbally in the defendant's presence. 

The trial court must conduct the sentencing hearing within 30 days of the order of Abatement and Remand, according to court documents. 

An official sentencing hearing date has not been set.

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