Victor Godinez gets automatic appeal in capital murder trial
EDITOR'S NOTE: As of Wednesday, Feb. 7, 2024, the appeal has yet to be filed with the Texas Court of Criminal Appeals.
One week after the end of the capital murder trial at the 389th District Court, the verdict of Victor Godinez is heading towards an automatic appeal.
Godinez was given the death sentence in the murder of DPS trooper Moises Sanchez. The next court to hear his case will be the Texas Court of Criminal Appeals.
Criminal defense attorney and former prosecutor Sergio Sanchez says transcripts and evidence are currently being assembled for the new appeals attorneys to work their own case.
But it will be a long process.
At the TDCJ's there is one place reserved for executions, the Huntsville unit, where some inmates continue waiting on death row for more than 30 to 40 years.
"They're going to scrutinize every shred of evidence. They're going to go through it almost as if the trial started brand new," Sanchez said. "Every piece of evidence, every witness statement, each of the witnesses that the state produced."
An appeal attorney will look into factors like the defense strategy, if all evidence was used or introduced, possible new evidence or the mental capacities of the defendant.
"Scrutinizing, criticizing the work of defense counsel. Ineffective assistance of counsel is one of the most common appellate issues," Sanchez said. "Should they have done something different? Or should they have withheld something? Did they not ask the right questions, or did they ask too many questions? Should they have had their client testify or not?"
Godinez's case will reach the Texas Court of Criminal Appeals. It may reach federal courts if there's an argument over federal law.
Godinez may seek clemency from the governor, and he may appeal to the U.S. Supreme Court as well.
Watch the video above for the full story.