8/19/2015 SCANNED Page 1
11' CAUSE NO. 366-80185-91
STATE OF TEXAS
§ IN THE 366TH JUDICIAL
§
V.
§ DISTRICT COURT OF
§
GUSTAVO JULIAN GARCIA § COLLIN COUNTY, TEXAS
ORDER SETTING EXECUTION
The Texas Court of Criminal Appeals having affirmed the prisoner's
conviction, mandate having issued, and the United States Supreme Court having
denied application for writ of certiorari, the direct appeal of the prisoner's
conviction is final. Garcia v. State, No. 71417, 2003 WL 22669744 (Tex Crim
onL^u1V°°3) (n0t desi€Qated for Publication), cert, denied, 543 U.S. 855
UU04). The Court of Criminal Appeals has denied the prisoner's original state
application for habeas corpus relief. Ex parte Garcia, No WR-40214-02 (Tex
Crim. App. Oct. 15, 2008) (not designated for publication). The United States
Court ofAppeals for the Fifth Circuit has also affirmed the denial of federal habeas
corpus relief. Garcia v. Stephens, No. 14-70035, 2015 WL 4393871 (5th Cir July
17 2015) (not designated for publication). Consequently, the prisoner has
exhausted his pnncipal avenues of relief through the courts. In compliance with
Articles 43.141(a)(1) and 43.141(c) ofthe Texas Code of Criminal Procedure this
Court enters the following order. '
IT IS ORDERED that the prisoner, Gustavo Julian Garcia, who has been
adjudged guilty of capital murder as charged in the indictment and whose
punishment has been assessed by the verdict of the jury and the judgment of the
Court at death, shall be kept in custody by the Director ofthe Institutional Division
of the Texas Department of Criminal Justice at Huntsville, Texas, until Tuesday
the 16th day ofFebruary, 2016. Upon that day, at the Institutional Division ofthe
Texas Department ofCriminal Justice at Huntsville, Texas, at any time after the
hour of 6:00 p.m., in a room arranged for the purpose of execution, the Director,
acting as provided by law, is commanded to carry out this sentence of death by
intravenous injection ofa substance or substances in a lethal quantity sufficient to
cause the death ofGustavo Julian Garcia, and until Gustavo Julian Garcia is dead
such procedure to be determined and supervised by the Director ofthe Institutional
Division of the Texas Department of Criminal Justice.
RECEIVED IN
COURT OF CRIMINAL APPEALS
SEP 012015
AbelAcosta,Clerk
The Clerk of this Court shall issue and deliver to the Sheriff of Collin
County, Texas, certified copies of this order and a death warrant in accordance
with this order, directed to the Director of the Institutional Division ofthe Texas
Department of Criminal Justice at Huntsville, Texas, commanding the Director to
put into execution the judgment of death against Gustavo Julian Garcia.
The Clerk of this Court shall transmit certified copies of this order to (i)
James Volberding, counsel for Gustavo Garcia, 100 E. Ferguson St., Suite 500
Tyler, Texas 75702, (2) to the Office of Capital Writs, 17Q0 N. Congress Avenue,'
Suite 460, Austin, Texas 78701, and (3) the Collin County Criminal District
Attorney's Office.
SIGNED AND ENTERED this /fday ofAugust, 2015.