Larry Washington v. the State of Texas

CourtTexas Court of Appeals, 4th District (San Antonio)
DecidedJune 30, 2026
Docket04-25-00072-CR
StatusPublished

This text of Larry Washington v. the State of Texas (Larry Washington v. the State of Texas) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 4th District (San Antonio) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Larry Washington v. the State of Texas, (Tex. Ct. App. 2026).

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00072-CR

Larry WASHINGTON, Appellant

v.

The STATE of Texas, Appellee

From the 365th Judicial District Court, Maverick County, Texas Trial Court No. 24-04-08783-MCRAJA Honorable Amado J. Abascal III, Judge Presiding

Opinion by: Lori Massey Brissette, Justice

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Lori Massey Brissette, Justice

Delivered and Filed: June 30, 2026

AFFIRMED

Appellant, Larry Washington, was convicted of one count of smuggling of persons and

sentenced to five years’ imprisonment. See TEX. PENAL CODE ANN. 20.05(a)(1)(A). On appeal, he

challenges his conviction on multiple grounds, asserting facial and as-applied constitutional

challenges to the state smuggling statute and challenging the sufficiency of evidence supporting

his conviction. We affirm. 04-25-00072-CR

BACKGROUND

On October 27, 2023, Larry Washington was travelling on Highway 57 in Maverick

County when he stopped his vehicle on the side of the road to pick up two women who emerged

from the brush. According to trial testimony, another driver on the same road witnessed the

incident and pulled over to alert Texas Department of Public Safety (“DPS”) criminal investigator

Quentin Stovall, who was sitting at the intersection of Highway 57 and Farm-to-Market Road 481

as part of Operation Lone Star. Investigator Stovall testified that the driver informed him “he had

just observed a Nissan Altima with paper plates pick up two people — two women that came out

of the brush[.]”

Investigator Stovall located a vehicle matching the description and ran the license plate

multiple times, but there was no return on the tag. Investigator Stovall initiated a traffic stop for

operation of an unregistered motor vehicle, and upon approaching the passenger side of the vehicle,

he “observed two women partially laid down just below the window line[.]” Texas DPS Trooper

John Newman assisted Investigator Stovall in conducting the stop and subsequent investigation.

Trooper Newman likewise testified he could not see the passengers in the backseat because “they

were slouching right below the headline — below the backseat.” Investigator Stovall noted the

women were wearing “beige clothing” and a “dark shirt” which was consistent with “people that

are being smuggled into the United States” to avoid detection. He further testified that the area

where Washington picked up the passengers was not a safe place for two women to be on the side

of the road.

Investigator Stovall detained Larry Washington and the front seat passenger. Washington

initially explained that he picked up the women on the side of the road to try to get them to safety.

However, in an interview with DPS Criminal Investigations Division Agent Teresa Estrada, who

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responded to assist with the human smuggling investigation, Washington admitted that a person

he referred to as “Boss” told him to pick up “two people on this side of the checkpoint” and to

“make sure they go in the trunk.” Washington told Agent Estrada that he mistakenly understood

that if they were on “this side of the checkpoint, then they were not illegal.” Washington told Agent

Estrada that he was going to drive the two women to Houston. The two female passengers were

taken into custody by Border Patrol.

Washington was arrested and later indicted for one count of smuggling of persons under

Texas Penal Code section 20.05(a)(1)(A). Washington was convicted following a jury trial, and

the jury assessed punishment at five years’ imprisonment. After conviction, Washington filed a

motion for new trial, which was denied by operation of law. He then timely appealed.

ANALYSIS

I. Constitutional Challenges

A. Standard of Review

Washington raises seven issues on appeal. In his first three issues, Washington argues his

conviction was unconstitutional under the First Amendment because the state smuggling statute is

facially unconstitutional and unconstitutional as applied to his prosecution. In his fourth issue,

Washington argues the state smuggling statute is unconstitutionally vague facially and as applied

to his prosecution. In issues five and six, he argues that as applied to his prosecution, the smuggling

statute is field and conflict preempted by federal law. We review Appellant’s constitutional

challenges de novo. See Tex. Mut. Ins. Co. v. PHI Air Med., LLC, 610 S.W.3d 839, 846 (Tex.

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2020); Ex parte Lo, 424 S.W.3d 10, 14 (Tex. Crim. App. 2013); State v. Flores, 679 S.W.3d 232,

243 (Tex. App.—San Antonio 2023, pet. ref’d).

B. First Amendment Facial Challenge to the State Human Smuggling Statute as Overbroad and as an Impermissible Regulation of Thought

Washington’s first two issues argue section 20.05(a)(1)(A) facially violates the First

Amendment to the United States Constitution because it is overbroad 1 and impermissibly regulates

thought. The arguments in this case are substantively the same as those in Roberts v. State, in

which this Court rejected a First Amendment facial challenge to the same statute. No. 04-24-

00485-CR, 2026 WL 290378, at *2–4 (Tex. App.—San Antonio Feb. 4, 2026, pet. filed).

Accordingly, for the reasons articulated in Roberts, we overrule Appellant’s first two issues. 2 See

id.

C. As-Applied First Amendment Challenge

Washington contends in his third issue that as applied to his prosecution, section

20.05(a)(1)(A) violates the First Amendment because it “solely regulated a disfavored thought”

and the State did not show that its “application was narrowly tailored to serve compelling state

interests.”

1 In his brief, Washington raises a vagueness challenge within his First Amendment overbreadth challenge. Because Washington challenges section 20.05(a)(1)(A) as both unconstitutionally overbroad and vague, we address the overbreadth challenge first. See Ex parte Nuncio, 579 S.W.3d 488, 453 (Tex. App.—San Antonio 2019), aff’d, 662 S.W.3d 903 (Tex. Crim. App. 2022) (“When, as here, a party challenges a statute as both overbroad and vague, we must first consider the overbreadth challenge.”). We address Washington’s vagueness challenge in section I.D. 2 After this court’s decision in Roberts issued, Washington filed a letter emphasizing that his First Amendment overbreadth challenge was not answered by our holding in Roberts. We disagree. “According to the First Amendment overbreadth doctrine, a statute is facially invalid if it prohibits a substantial amount of protected speech judged in relation to the statute’s plainly legitimate sweep.” Ex parte Lo, 424 S.W.3d 10, 18 (Tex. Crim. App. 2013) (quoting Virginia v. Hicks, 539 U.S. 113, 118–19 (2003)); see also Ex parte Perry, 483 S.W.3d 884, 902 (Tex. Crim. App. 2016). In overruling Roberts’s First Amendment challenge, we held that “having considered the scope of section 20.05(a)(1)(A) and explored its full set of applications … any unconstitutional applications are not substantial in comparison to constitutional ones.” Roberts, 2026 WL 290378, at *4.

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Larry Washington v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larry-washington-v-the-state-of-texas-txctapp4-2026.