June 23 – The attorney for a Midland woman sentenced to 40 years in prison for killing two 6-year-old children in an alcohol-related crash has filed a motion for a new trial.
Angelica Garcia was sentenced on June 9 to two consecutive 20-year prison terms for the July 3, 2019 deaths of Mia and Mya Coy. The 34-year-old pleaded guilty to two counts of drunken manslaughter on the second day of her trial and left her sentence to the jury.
Jurors elected to give him two 20-year sentences and Judge Denn Whalen of the 70th District Court in Ector County elected to serve the sentences consecutively rather than concurrently, prompting defense attorney Michael McLeaish to immediately ask Whalen to reconsider.
No date has been set to discuss the case and on Wednesday McLeaish filed a motion for a new trial in the case.
McLeaish argues in the motion that the law Whalen used in sentencing Garcia “is unconstitutional in that it deprives this defendant of her right to a trial by jury, including her right to be convicted by a jury. pursuant to his election filed prior to trial.”
The defense attorney requested a hearing to review the case.
Prosecutors have not responded to any such requests and have a policy of not commenting on pending cases.