14-13-00581-CR Vicente Lavet George v. The State of TexasAppeal from 339th District Court of Harris County

Appellant Vincente Lavet George appeals the trial court’s judgment revoking his deferred adjudication community supervision. Appellant contends that the trial court abused its discretion adjudicating him guilty because the evidence is insufficient to prove that he had the ability to pay court costs, fees, fines, and programs but chose not to pay. We affirm.

BACKGROUND

Appellant pleaded guilty to assault of a family member, a third degree felony. See Tex. Penal Code Ann. § 22.01 (Vernon Supp. 2014). The trial court deferred entering an adjudication of guilt and placed appellant on community supervision for a four-year period on November 14, 2012. His deferred adjudication included many standard conditions, including the requirements to : avoid injurious or vicious habits; report each month to a probation officer; remain in Harris County; present written verification of employment; submit to random drug and alcohol testing; participate in the Community Service Restitution Program by performing 600 community hours at a rate of eight hours monthly ; pay a monthly supervision and laboratory fee; pay court costs; pay a $100 fee to the Houston Area Women’s Center; participate in the Battery Intervention Prevention Program (BIPP); submit to an alcohol/drug evaluation and attend treatment as recommended; and submit to an assessment and participate in any program deemed appropriate. Continue reading
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14-13-00219-CR Odell Burgess v. The State of TexasAppeal from 180th District Court of Harris County – Pub.

Appellant, Odell Burgess, appeals his conviction for evading arrest with a motor vehicle, contending (1) the evidence is legally insufficient to support the conviction, (2) the trial court improperly commented on appellant’s failure to testify, (3) the trial court erred by admitting evidence of an extraneous offense during the guilt-innocence phase, and (4) appellant received ineffective assistance of counsel. We affirm.

I.BACKGROUND

According to the State’s evidence, at approximately 6:30 p.m. on September 7, 2012, Houston police officer Marc Stallworth was seated in his police car at a business on the westbound feeder of the South Loop freeway. He heard a rush of air from the freeway, which he associated with a speeding vehicle. He noticed a black pickup truck, which was travelling westbound on the freeway, exit at Stella Link Road. Officer Stallworth estimated the vehicle was travelling over 100 miles per hour. Appellant was later identified as the driver, and there were two male passengers. Officer Stallworth entered his police car and followed the truck. Continue reading
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11-12-00270-CR Martin Quiroz v. The State of TexasAppeal from 385th District Court of Midland County

modify the judgment to reflect the correct penal code provision and affirm asmodified.In two issues on appeal, Appellant challenges the sufficiency of the evidenceand the admissibility of rebuttal testimony.Appellant suffered from bipolar disorder and took medication as a result.When his work schedule required him to work nights, Appellant took hismedication in the morning because it made him drowsy at work. But when he tookthe medication in the morning, it caused him to have a lot of energy, and he did not
sleep or eat.Elia Briseno, Appellant’s fiance, had been staying awake to take care ofAppellant, and she was exhausted. She had taken Appellant to the hospitalearlier in the day, but because he was an adult and refused treatment, he was givenonly Benadryl to help him sleep.Briseno wanted Appellant to be taken to a hospital for a mental evaluation,and she contacted law enforcement personnel. Officers from Midland PoliceDepartment were dispatched to Appellant’s house. When Officer BradleyAlexander arrived, he spoke to Appellant’s father in front of the residence and thenfollowed him inside. Appellant and his brother, Jesus Quiroz, were in the diningarea of a large room that also included the kitchen and living room. Appellant was
using a large butcher knife to carve a new hole in his belt. Officer Alexanderdrew his weapon and gave repeated verbal commands for Appellant to drop theknife. Although Appellant testified that he immediately dropped the knife,Officer Alexander testified that Jesus took the knife from Appellant and placed iton a nearby counter. Officer Alexander detained Jesus for officer safety. He
holstered his weapon and was putting handcuffs on Jesus when several otherfamily members came into the room. Officer Alexander ordered everyone into theliving room area. Continue reading
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11-12-00264-CR Richard Efren Hignojos v. The State of TexasAppeal from 244th District Court of Ector County – Rev.

After the trial had started, it was discovered that, during voir dire, a memberof the jury had failed to disclose his relationship with one of the witnesses.Appellant moved for a mistrial, and the trial court denied that motion. In his firstpoint of error, Appellant asserts that the trial court thereby erred. Because weagree with Appellant and because we cannot find that the error is harmless, there isno need for us to reach other points that he has presented to us.Although there is no challenge to the sufficiency of the evidence, we willsummarize the relevant testimony in order to provide context for Appellant’s first
point. The events out of which the charges in this case arose occurred at the homeof Adrian Nunez during a party complete with loud music, strobe lights, and glowsticks and ultimately attended by some twenty-five people.Nunez lived in a trailer just outside Odessa. At around 11:30 on the nightbefore the early morning assault took place, Appellant and his brother SonnyHignojos met some friends at the party at Nunez’s house. There were not manypeople there, and after about an hour, Appellant, Sonny, and some of the friendswhom they had met there left and went to a different party. The second partyfizzled after about an hour, and Appellant, Sonny, and others who had gone therewith them left and returned to the party at Nunez’s house. Those who were withAppellant when they returned to the party included Sonny, Bobby Herrera, Jacob
Garcia, Brianna Alvarado, and Savannah Evaro.The testimony shows that several women decided to go to the party atNunez’s house. One of those women testified that there were some men outsideNunez’s trailer when the women arrived. Apparently, the men were not welcomeat the party and were not happy about that. Another of the women said that the
men were upset because two girls that were with the men had been told to leave theparty. Yet another of the women testified that Nunez had told the entire group toleave because the other women at the party did not want any of them there.
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01-14-00335-CR Damion Gentry v. The State of TexasAppeal from 240th District Court of Fort Bend County – Pub.

OURT OF PPEALS FOR THEIRST ISTRICT OF EXAS AT OUSTONRDER ON OTION

Cause number:

01-14-00335-CR, 01-14-00336-CR

Style:Date motion filed[*]:

Damion Gentry v. The State of Texas

September 25, 2014

Type of motion:

Motion for Extension of Time to File Reporter’s Record

Party filing motion:

Court reporter

Document to be filed: Reporter’s RecordIs appeal accelerated?If motion to extend time:Original due date: Continue reading
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01-13-00834-CR Caylon Johnson v. The State of TexasAppeal from 174th District Court of Harris County – Pub.

OURT OF PPEALS FOR THEIRST ISTRICT OF EXAS AT OUSTONEMORANDUM RDER

EXPP
EXPP

 
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CAFDTHMOCaylon Johnson v. The State of Texas Trial court case number: 1338720, 1338721 Trial court: See Tex. R. App. P. 26.2. The record was due on October 14, 2013. See T.R.A.P. 35.2(a). The clerk’s record was filed on October 14, 2013 and the reporter’s record has not been filed. 2013, the Court might consider and decide those issues or points that do not require a reporter’srecord. See T.R.A.P. 37.3(c). paid or made arrangements to pay the reporter’s fee for preparing the reporter’s record within 15days of the date of this order. If appellant does not submit such evidence by this deadline, then (1) the Court will consider and decide the appeals on those issues or points that do not require a 45 days of the date of this order. Acting individually Acting for the Court Date: September 30, 2014 Continue reading

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01-13-00833-CR Caylon Johnson v. The State of TexasAppeal from 174th District Court of Harris County – Pub.

OURT OF PPEALS FOR THEIRST ISTRICT OF EXAS AT OUSTONEMORANDUM RDER

EXPP
EXPP

 
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CAFDTHMOCaylon Johnson v. The State of Texas Trial court case number: 1338720 Trial court: See Tex. R. App. P. 26.2. The record was due on October 14, 2013. See T.R.A.P. 35.2(a). The clerk’s record was filed on October 14, 2013 and the reporter’s record has not been filed. 2013, the Court might consider and decide those issues or points that do not require a reporter’srecord. See T.R.A.P. 37.3(c). paid or made arrangements to pay the reporter’s fee for preparing the reporter’s record within 15days of the date of this order. If appellant does not submit such evidence by this deadline, then (1) the Court will consider and decide the appeals on those issues or points that do not require a 45 days of the date of this order. Acting individually Acting for the Court Date: September 30, 2014 Continue reading

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01-13-00989-CR Trestan Jemal Prescott v. The State of TexasAppeal from 230th District Court of Harris County

Trestan Prescott pleaded guilty, without an agreed recommendation as to
punishment, to indecency with a child, a second-degree felony. 1 The trial court
sentenced Prescott to six years’ confinement. In three issues, Prescott alleges that
See TEX.PENAL CODE ANN. § 21.11 (West 2011).
(1) his sentence was grossly disproportionate to the offense, qualifying it as cruel
and unusual punishment; (2) he received ineffective assistance of counsel at the Continue reading
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01-13-00303-CR Thomas Ford Bland v. The State of TexasAppeal from 179th District Court of Harris County

A trial court convicted appellant Thomas Ford Bland of murder and
sentenced him to 50 years in prison. See TEX.PENAL CODE ANN.§19.02(West
2011). In one issue on appeal, Bland argues that the evidence was legally
insufficient to support his conviction.
We affirm.

Background

Appellant Thomas Ford Bland and his girlfriend, Courtney Mosely, were at the Redondo apartments in Baytown late at night. Mosely was acquainted with sisters Jennifer and Bonnie Paddy, who also lived at the Redondo apartments. Mosely borrowed Jennifer Paddy’s mobile phone. At 11:21 p.m., while Mosely had the phone, a call was placed from it to a drug dealer named Irad Mixon, the complainant in this case. Mixon’s end of the conversation was overheard by his girlfriend, who testified that the caller was a woman. A drug transaction was arranged on the call, to take place between the Redondo apartments and the neighboring Trestles apartment complex. The two apartment communities were separated by a grassy field often used as a footpath by residents and a fence with a hole that was used as a passageway. Continue reading
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06-13-00194-CR Joe Boyce Cox v. The State of TexasAppeal from 6th District Court of Lamar County – Rev. – Pub.

There Was No Proper Evidence of Cox’s Further Alcohol Consumption
The State alleged that, while on community supervision, Cox consumed alcohol, though he had been ordered not to do so. Proof of this alleged violation came entirely from evidence of positive readings from his SOBERLINK device.
The State presented testimony from John O’Donnell, who managed the SOBERLINK division of Recovery Healthcare Corporation. O’Donnell testified regarding records, admitted as State’s Exhibit 1, that purported to show multiple occasions where Cox submitted breath samples1In 1993, during the 73rd Legislative Session, the statutory term probation was changed to communitysupervision. Both terms refer to the same process. SeeIvey v. State, 277 S.W.3d 43, 51 n.48 (Tex. Crim. App.2009).2See T.PC A.§ 49.09(b) (West Supp. 2014).3A SOBERLINK device is a portable, hand-held breath analyzer that remotely monitors an individual’s breathcontent. The record contains different forms of the name of the device, such as Soberlink and Sober Link. Thename of the company that invented these devices is SOBERLINK, Inc., and the company’s website and productliterature refer to them as SOBERLINK devices. See SOBERLINK, http://www.soberlink.net (last visitedSeptember 23, 2014). We will follow the company’s lead by referring to the device at issue in this case as aSOBERLINK device. containing alcoholic content. Cox made several objections, including that the State offered no testimony establishing the reliability of the scientific theory on which this data was based. We agree with Cox on this point. Continue reading
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06-14-00070-CR Brenda Bennett v. The State of TexasAppeal from County Court at Law No. 2 of Hunt County

Bailey C. MoseleyJustice

September 3, 2014September 26, 2014

Date Submitted:Date Decided:Do Not Publish
1See T.PCA. § 38.10 (West 2011).
2Bennett’s appeal of her conviction of misdemeanor theft is the subject of a separate opinion in this Court’s causenumber 06-14-00069-CR issued of even date herewith.
 
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06-14-00069-CR Brenda Bennett v. The State of TexasAppeal from County Court at Law No. 2 of Hunt County

Sufficient Evidence Supports Brenda’s Conviction
In evaluating legal sufficiency, we must review all the evidence in the light most favorable to the jury’s verdict to determine whether any rational jury could have found, beyond a reasonable doubt, that Brenda was guilty of theft of $50.00 or more but less than $500.00. See Brooks v. State, 323 S.W.3d 893, 912 (Tex. Crim. App. 2010) (citing Jackson v. Virginia, 443 U.S. 307, 319 (1979)); Hartsfield v. State, 305 S.W.3d 859, 863 (Tex. App.–Texarkana 2010, pet. ref’d) (citing Clayton v. State, 235 S.W.3d 772, 778 (Tex. Crim. App. 2007)). We examine 1Because Brenda and Chanda Bennett, both frequently mentioned in this opinion, share the same last name, we willrefer to them herein by their first names.
2See T.PCA. § 31.03(e)(2) (West Supp. 2014). 3In a consolidated trial, Brenda was also convicted of bail jumping and failure to appear. Brenda has likewiseappealed her conviction in that case. This appeal is the subject of a separate opinion in this Court’s cause number06-14-00070-CR issued of even date herewith. legal sufficiency under the direction of the Brooks opinion, while giving deference to the responsibility of the jury to fairly resolve conflicts in testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts. Hooper v. State, 214 S.W.3d 9, 13 (Tex. Crim. App. 2007) (citing Jackson, 443 U.S. at 31819). Legal sufficiency of the evidence is measured by the elements of the offense as defined by a hypothetically correct jury charge. Malik v. State, 953 S.W.2d 234, 240 (Tex. Crim. App. 1997). The hypothetically correct jury charge sets out the law, is authorized by the indictment, does not unnecessarily increase the State’s burden of proof or unnecessarily restrict the State’s theories of liability, and adequately describes the particular offense for which the defendant was tried. Id. Continue reading
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06-11-00227-CR Bobby Glenn Canida v. The State of TexasAppeal from 6th District Court of Lamar County – Rev. – Pub.

, 387 S.W.3d 668 (Tex. App.–Texarkana 2012), rev’d,434 S.W.3d 163 (Tex. Crim. App. 2014).
The State filed a petition for discretionary review with the Texas Court of Criminal Appeals to determine whether this Court should have reformed the judgment to reflect conviction of a lesser-included offense rather than rendering a verdict of acquittal. Canida, 434 S.W.3d at 163, 165 (discussing Bowen v. State, 374 S.W.3d 427 (Tex. Crim. App. 2012)). The Texas Court of Criminal Appeals granted the State’s petition, reversed our opinion, and remanded the case for reconsideration in light of its decision in Thornton v. State, which was decided after we issued our opinion in this case. Id. Thornton held that after a court of appeals has found the evidence insufficient to support an
appellant’s conviction for a greater-inclusive offense, in deciding whether toreform the judgment to reflect a conviction for a lesser-included offense, thatcourt must answer two questions: 1) in the course of convicting the appellant ofthe greater offense, must the jury have necessarily found every element necessaryto convict the appellant for the lesser-included offense; and 2) conducting anevidentiary sufficiency analysis as though the appellant had been convicted of thelesser-included offense at trial, is there sufficient evidence to support a convictionfor that offense? If the answer to either of these questions is no, the court of
appeals is not authorized to reform the judgment. But if the answers to both are
yes, the court is authorized–indeed required–to avoid the unjust result of an1Canida was sentenced to eighty years’ imprisonment after he entered pleas of true to the State’s enhancementparagraph. outright acquittal by reforming the judgment to reflect a conviction for the lesser-included offense.
Thornton v. State, 425 S.W.3d 289, 299300 (Tex. Crim. App. 2014) (citation omitted). Continue reading
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14-14-00549-CR Glenn Lloyd Kingham v. The State of TexasAppeal from County Court No. 3 of Galveston County – Pub.

No clerk’s record or reporter’s record has been filed in this case. The clerk and court reporter informed this court that appellant had not made arrangements for payment for the clerk’s record or reporter’s record. See Tex. R. App. P. 35.3(c). On August 12, 2014, we abated this appeal for a hearing in the trial court to determine if appellant is entitled to proceed without the payment of costs. See Tex. R. App. P. 37.3(b), (c)(2(B).
A hearing was held August 22, 2014, and a record of that hearing has been filed in this court. The record reflects the trial court found appellant is not entitled to proceed without payment of costs. Rule 37.3(b) of the Rules of Appellate Procedure provides: Continue reading
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14-13-01041-CR Simeon Deshon Staten v. The State of TexasAppeal from 174th District Court of Harris County – Pub.

Appellant is represented by retained counsel, Brenda Doucette. Appellant’s

brief was originally due April 15, 2014. We have granted four extensions of time

for a total of 157 days extension of time to file appellant’s brief until September
19, 2014. No brief was filed. On September 19, 2014, counsel filed a further
request for extension of time to file appellant’s brief.
Because counsel alleges a recent exceptional circumstance, we GRANT the request. However, because there has already been a five-month delay in filing the brief, we issue the following order. Continue reading
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14-14-00757-CR In Re Perry JacksonAppeal from 178th District Court of Harris County

On September 18, 2014, relator Perry Jackson filed a petition for writ of mandamus in this court. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable David Mendoza, presiding judge of the 178th District Court of Harris County, to grant a motion purportedly filed and pending with the trial court for jail-time credit to be applied to relator’s sentence in the underlying case.
To be entitled to mandamus relief, a relator is required to file a certified or sworn copy of any . . . document showing the matter complained of, Tex. R. App. P. 52.3(k)(1)(A), and a certified or sworn copy of every document that is material to the relator’s claim for relief and that was filed in any underlying proceeding, Tex. R. App. P. 52.7(a)(1). Although relator includes a handwritten document with his petition that he claims is the motion filed with the trial court, the document is neither certified nor sworn as the Rules of Appellate Procedure require, and the document also bears no indication that it was received by or presented to the trial court. Furthermore, relator includes no documentation with his petition pertaining to his assertion that he has been denied jail-time credit. The relator generally must bring forward all that is necessary to establish a claim for relief. In re Potts, 399 S.W.3d 685, 686 (Tex. App.–Houston [14th Dist.] 2013, orig. proceeding). Relator has not satisfied his burden. Continue reading
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14-13-00917-CR Prentis Dean Cooper v. The State of TexasAppeal from 338th District Court of Harris County

Appellant Prentis Dean Cooper appeals his conviction for possession of cocaine. See Tex. Health & Safety Code § 481.115(b). In a single issue appellant argues the evidence is insufficient to support the conviction. We affirm.

BACKGROUND

On the night of December 5, 2012, Officers Jacobs and Lacy of the Houston Police Department were patrolling Jensen Drive when they observed a van parked near a church with two men sitting behind the van. Jacobs stopped his patrol vehicle and exited to check on the men. When he walked toward the men Jacobs saw appellant sitting in the driver’s seat of a white Mitsubishi Galant that was parked on the sidewalk. Jacobs observed appellant make an overt movement towards the center console. Jacobs asked Lacy to speak with the two men sitting behind the van while he approached appellant in the vehicle. Jacobs testified that he was suspicious of appellant because appellant had made a furtive movement and Jacobs could not see his hands. As Jacobs approached the car he used his flashlight and saw a rock of crack cocaine on the center console of the car. When Jacobs saw the cocaine he asked appellant to step out of the car. Appellant got out of the car; Jacobs detained him in handcuffs, and patted him down for weapons. After completing an inventory search of the car, Jacobs found a crack pipe with a crack rock inside of it in the center console. He also recovered two rocks of crack cocaine from under the driver’s seat. Appellant denied the drugs belonged to him. A check of the car revealed that it was not registered in appellant’s name. Continue reading
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14-13-00725-CR Jason Michael Placide v. The State of TexasAppeal from 180th District Court of Harris County

Appellant Jason Michael Placide appeals his conviction for possession of cocaine. In two issues, appellant argues the trial court erred in denying his motion to suppress because (1) the officers lacked reasonable suspicion to detain him; and (2) his statement was made as a result of custodial interrogation and was inadmissible under article 38.22, section 3 of the Texas Code of Criminal Procedure. We affirm.

BACKGROUND

Appellant was indicted for possession of between one and four grams of cocaine. See Tex. Health & Safety Code § 481.115(c). Appellant filed a pretrial motion to suppress in which he argued that a Houston Police officer broke into his vehicle and searched the vehicle without consent. Appellant argued that [a]ny controlled substances found in the vehicle should be suppressed because the search was without a warrant and without probable cause. Appellant also sought suppression of [a]ny other matters that the Court finds should be suppressed upon hearing of this motion. Appellant argued that the evidence should be suppressed because (1) the narcotics were not in plain view in the vehicle; and (2) the vehicle search was not incident to a lawful arrest. Continue reading
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14-13-00476-CR Emmanuel Von Allen Evans v. The State of TexasAppeal from 248th District Court of Harris County

Appellant Emmanuel Von Allen Evans appeals his conviction for aggravated sexual assault of a child. See Tex. Penal Code § 22.021(a)(B). A jury found him guilty and the trial court assessed punishment at life imprisonment. In a single issue on appeal, appellant contends that the trial court erred in admitting hearsay testimony that went beyond the scope of the State’s notice of outcry t estimony under article 38.072 of the Texas Code of Criminal Procedure. We affirm.

Background

The complainant’s brother testified that he walked into the complainant’s room and saw the complainant lying on the bed. He saw appellant masturbating with one hand and touching the complainant with the other hand. The brother startled appellant and the complainant. The brother requested that appellant go with him to explain what had happened to the complainant’s mother. Continue reading
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14-13-00267-CR Johnathan Leedel Willis v. The State of TexasAppeal from 212th District Court of Galveston County

Appellant Johnathan Leedel Willis challenges his conviction for aggravatedsexual assault. Appellant raises three issues on appeal. Appellant contends that (1)the evidence presented at trial was legally insufficient to support his conviction; (2)the trial court erroneously denied his request to impeach the complainant with herprior criminal conviction; and (3) the trial court improperly admitted testimony
under the excited utterance exception to the rule against hearsay.
We hold that the evidence was legally sufficient to support appellant’sconviction for aggravated sexual assault, appellant has not shown that the trialcourt abused its discretion by precluding questioning about the prior conviction,and appellant has not shown that he was harmed by the admission of hearsaytestimony. We affirm the judgment of the trial court. Continue reading
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