A jury in Hidalgo County has sentenced John Allen Rubio to death for decapitating his three children back in 2003.
Attorney Larry Warner, who will be representing Rubio during his appeal, explained what happens next.
“The one trial judge gets to decide....was there any evidence to support this verdict," Warner asked. "Could a rationale jury have reached this verdict?"
Warner said once the judge delivers and signs the death sentence his office will then need to turn over court documents to the Texas Court of Criminal Appeals.
“The appeal is automatic, you don’t even have to file the notice of appeal,” explained Warner.
The Harlingen lawyer told Action 4 News that this could be a lengthy process since the records could take four or five months for the court reporter to gather.
But once the records make it to the Texas Court of Criminal Appeals, Warner explained several things can happen.
“All nine judges will hear the case, there will be 1 lawyer for the appellant and there will be one or two lawyers from the state."
One example Warner mentioned was that the court could just confirm the conviction.
He also stated the nine judges could grant a new trial if they believe the original trial was full of errors.
Or they could determine that the evidence presented was non-sufficient said Warner, and change the sentence from death to life in prison.
If the Texas Court of Criminal Appeals also confirms Rubio’s death sentence, Warner told Action 4 the only one that could overturn their ruling is the U.S. Supreme Court.
After news time Action 4 News, was contacted by attorney Larry Warner to inform us that after all he would not represent Rubio in his appeal instead it would be another lawyer.
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