11-12-00231-CR Robert Lee Trevino v. The State of TexasAppeal from 385th District Court of Midland County

TEX.PENAL CODE ANN. § 21.11(a)(1), (c) (West 2011). After finding theenhancement paragraph to be true, the jury assessed Appellant’s punishment atconfinement for a term of thirty-five years and a fine in the amount of $10,000.
The trial court sentenced him accordingly. We affirm.
Appellant presents three issues for our review. In his first issue, hechallenges the sufficiency of the evidence to support his conviction for indecencywith a child by contact. Appellant argues in his second issue that the trial courterred when it refused to allow Appellant’s wife to testify about her own personalhistory of sexual abuse as a child. And, in his final issue, Appellant asserts that thesentence imposed against him of thirty-five years is cruel and unusual punishmentfor a conviction of indecency with a child by contact.We first examine Appellant’s complaint that the evidence is insufficient to
support his conviction of indecency with a child by contact because the child’stestimony was not credible. We review the sufficiency of the evidence under thestandard of review set forth in Jackson v. Virginia, 443 U.S. 307 (1979). Brooks v.State, 323 S.W.3d 893, 912 (Tex. Crim. App. 2010); Polk v. State, 337 S.W.3d286, 28889 (Tex. App.–Eastland 2010, pet. ref’d). Under the Jackson standard,we examine all of the evidence in the light most favorable to the verdict anddetermine whether, based on that evidence and any reasonable inferences from it,any rational trier of fact could have found the essential elements of the offensebeyond a reasonable doubt. Jackson, 443 U.S. at 319; Isassi v. State, 330 S.W.3d633, 638 (Tex. Crim. App. 2010).To prove that Appellant committed the offense of indecency with a child by
contact, the State had to show that Appellant touched, either directly or throughclothing, the anus, breast, or any part of the genitals of a child younger thanseventeen years of age with the intent to arouse or gratify the sexual desire of anyperson. See PENAL § 21.11(a)(1), (c). A.V., Appellant’s stepdaughter, testifiedthat Appellant came into the living room where she and her stepsister slept and
poked her with his finger in her private part. She explained that her private partwas the place where she would go pee. She said that he would poke her aboutthree times, she would turn over, he would stop, and then he would continue to get Continue reading
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11-12-00073-CR Christopher Galindo v. The State of TexasAppeal from 42nd District Court of Taylor County

nonconstitutional error and that, in view of the overwhelming evidence of guilt, theerror did not affect Appellant’s substantial rights. Therefore, I concur in the result.August 29, 2014
Do not publish. See TEX.R.APP.P.47.2(b).Panel consists of: Wright, C.J.,Willson, J., and Bailey, J.

MIKE WILLSONJUSTICE

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11-12-00073-CR Christopher Galindo v. The State of TexasAppeal from 42nd District Court of Taylor County

TEX.PENAL CODE ANN. § 22.04 (West Supp. 2013). On the first countof second-degree injury to a child, the jury assessed Appellant’s punishment atconfinement in the Institutional Division of the Texas Department of Criminal
Justice for a term of twenty years and a $10,000 fine. For each of the two
remaining counts of third-degree injury to a child, the jury assessed Appellant’spunishment at ten years confinement and a $10,000 fine. In three issues on appeal,Appellant argues that the trial court erred when it (1) denied his requests for theappointment of a defense expert, (2) admitted digitally enhanced photographs, and(3) allowed testimony regarding the child victim’s neurological damage. Weaffirm. Continue reading
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06-13-00206-CR Willie Lee Harper, Jr. v. The State of TexasAppeal from 5th District Court of Cass County

We addressed this issue in detail in our opinion of this date on Harper’s appeal in cause number 06-13-00205-CR. For the reasons stated therein, we likewise conclude that Harper’s sole point of error is not preserved.
Consequently, we affirm the trial court’s judgment. Date Submitted:
Date Decided:Do Not Publish

Bailey C. MoseleyJustice

August 19, 2014
August 29, 2014

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06-13-00205-CR Willie Lee Harper, Jr. v. The State of TexasAppeal from 5th District Court of Cass County – Pub.

In his sole issue on appeal, Harper argues that the trial court erred in denying his motion to suppress the crack cocaine. Specifically, Harper argues that the search of his person was improper because the officer had no reason to believe that he [wa]s dealing with an armed and dangerous individual. Terry v. Ohio, 392 U.S. 1, 27 (1968). Because Harper failed to preserve his sole issue on appeal, we affirm the trial court’s judgment.
Generally, to preserve error on appeal after a pretrial motion to suppress evidence is overruled, the defendant need not later object at trial to the same evidence. Thomas v. State, 408 S.W.3d 877, 881 (Tex. Crim. App. 2013); Moraguez v. State, 701 S.W.2d 902, 904 (Tex. Crim. App. 1986). But when a defendant affirmatively asserts during trial that he or she has no objection to the admission of the complained-of evidence, he or she forfeits any error in the1It is undisputed that the traffic stop was lawful.2The charge addressed in this appeal alleged that Harper tampered with some of the crack cocaine. The othercharge, handled in appeal numbered 06-13-00206-CR decided today, alleged that Harper possessed 2.11 grams ofcrack cocaine. The jury found Harper guilty of both offenses. Pursuant to a finding of true to the State’senhancement allegations, Harper was sentenced to twenty-five years’ imprisonment on each charge, to run
concurrently.3Among the exhibits, which were admitted after Harper affirmatively stated no objection to admitting each, were avideo recording of the encounter, a photograph of crack cocaine Harper had stomped into the pavement, a pillbottle containing other crack cocaine, and the laboratory report establishing the substance as crack cocaine weighing2.11 grams. admission of the evidence despite the pretrial ruling unless the record as a whole plainly demonstrates that the defendant did not intend, nor did the trial court construe, his ‘no objection’ statement to constitute an abandonment of a claim of error that he had earlier preserved for appeal. Thomas, 408 S.W.3d at 88586 (holding that if from the record as a whole the appellate court simply cannot tell whether an abandonment was intended or understood, an affirmative ‘no objection’ statement will, by itself, serve as an unequivocal indication that a waiver was both intended and understood); see Estrada v. State, 313 S.W.3d 274, 302 (Tex. Crim. App. 2005); Jones v. State, 833 S.W.2d 118, 126 (Tex. Crim. App. 1992); Moraguez, 701 S.W.2d at 904. Continue reading
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04-13-00554-CR The State of Texas v. JB DanielAppeal from 216th Judicial District Court of Bandera County – Pub.

This case stems from a warrantless arrest following a traffic stop. Based on a computer-
based vehicle check conducted by the Bandera County Sheriff’s Office dispatch, Sergeant Jerald
Johnson understood the vehicle being driven by Appellant J. B. Daniel was being operated without
the State-required liability insurance. On Sergeant Johnson’s request, Deputy Donald Nowlin
initiated a traffic stop of Daniel’s vehicle. Daniel was subsequently charged with felony Continue reading
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04-13-00487-CR Elbert Lee Sanders v. The State of TexasAppeal from 54th District Court of McLennan County – Pub.

A jury convicted Appellant Elbert Lee Sanders of aggravated assaulthabitual offender and
possession of a firearm by a felon. See TEX.PENAL CODE ANN. §§ 22.02, 46.04 (West 2011). He
was sentenced to confinement terms of fifty-five years and twenty years, respectively. On appeal,
Sanders contends the trial court erred in including two standard instructions in the punishment
phase jury charge: (1) an instruction on good conduct time and parole law, and (2) an instruction Continue reading
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04-13-00081-CR Juan Rodriguez v. The State of TexasAppeal from 379th Judicial District Court of Bexar County – Pub.

On July 11, 2014, the State filed a motion to correct, which we construe as a motion for
rehearing. We deny the motion for rehearing; however, we withdraw our opinion and judgment
of July 2, 2014, and substitute this opinion in their stead.
On May 17, 2012, Appellant Juan Rodriguez was found guilty of multiple counts of
aggravated sexual assault and indecency with V.R., a child. The trial court subsequently found Continue reading
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03-13-00681-CR Richard Jerry Breuer v. The State of TexasAppeal from 27th District Court of Bell County

A jury convicted appellant Richard Jerry Breuer of the offense of aggravated assault

with a deadly weapon on a public servant. Punishment was assessed at twenty years’ imprisonment.
1

In two points of error on appeal, Breuer asserts that the evidence is insufficient to support his
conviction and that the district court abused its discretion in denying his motion for new trial based
on a claim of ineffective assistance of counsel. We will affirm the judgment of conviction. Continue reading
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03-13-00470-CR Shawn Lynn Parker v. The State of TexasAppeal from 368th District Court of Williamson County

A jury convicted appellant Shawn Lynn Parker of the offense of assault family

violence. Punishment, enhanced by a prior conviction for the offense of injury to a child, was
1

assessed at 18 years’ imprisonment and a $10,000 fine. In a single issue on appeal, Parker asserts
that the district court reversibly erred in refusing to instruct the jury on the law of self-defense. We
will affirm the judgment of conviction.

BACKGROUND

Because the determination of whether Parker was entitled to a self-defense instruction

turns on the evidence presented at trial, we will begin by reviewing that evidence in some detail. The Continue reading
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03-12-00098-CR Justin Todd Valdez v. The State of TexasAppeal from County Court of Caldwell County

Appellant Justin Todd Valdez appeals his conviction for the offense of assault-family

violence. See Tex. Penal Code § 22.01. In five points of error, appellant contends that the trial
court erred when it did not provide a sign language interpreter, denied appellant’s motion for new
trial, and accepted appellant’s plea of nolo contendere. He also urges the trial court violated his
federal and state due process rights. See U.S. Const. amends. VI, XIV; Tex. Const. art. I, §§ 10, 19. Continue reading
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01-13-00414-CR Stevie Wyre v. The State of TexasAppeal from 179th District Court of Harris County

Stevie Wyre pleaded guilty to aggravated sexual assault of a child younger than fourteen years of age without an agreed recommendation on punishment. After a hearing on the presentence investigation (PSI), the trial court found appellant guilty and assessed his punishment at twenty-five years in prison.
In three points of error, appellant contends that (1) he received ineffective assistance of counsel during the PSI hearing, (2) the trial court erred in accepting letters prior to sentencing containing unsworn victim impact statements requesting that appellant be given a life sentence, and (3) appellant’s twenty-five year sentence is disproportionately severe and violates the Eighth Amendment’s prohibition against the infliction of cruel and unusual punishment. We affirm. Continue reading
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01-13-00208-CR Jason Lee Reed v. The State of TexasAppeal from 338th District Court of Harris County

After he completed two years of a four-year term of community supervision for a drug offense, 1 the State filed a motion to adjudicate Jason Lee Reed’s guilt alleging non-payment of various fees and commission of a new law violation. At the conclusion of the adjudication hearing, the trial court found the allegation of a new law violation to be true, entered an order adjudicating his guilt and sentenced him to twelve years’ confinement. In his sole issue, appellant contends that the trial court abused its discretion by revoking his community service because the evidence was legally insufficient to support the court’s rejection of his self-defense claim. Continue reading
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01-12-00996-CR Craig Anthony Crooks v. The State of TexasAppeal from 180th District Court of Harris County

A jury found Craig Anthony Crooks guilty of aggravated robbery with a deadly weapon1 and, enhanced with one prior felony conviction, assessed his See TEX.PENAL CODE ANN. § 29.03(a)(2) (West 2011). punishment at fifty years’ confinement. He argues that the evidence is insufficient to support his conviction because the out-of-court and subsequent in-court identifications resulted from impermissibly suggestive identification procedures and the eyewitnesses gave conflicting descriptions of the assailant. We affirm. Continue reading
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01-12-00324-CR Cristobal Galvan-Cerna v. The State of TexasAppeal from 155th District Court of Austin County – Pub.

A jury found Cristobal Galvan-Cerna guilty of capital murder1 and the trial court assessed his punishment at life without parole. Appellant’s first point of See TEX.PENAL CODE ANN.§§19.02(b)(1), 19.03(a)(2) (West 2012). error contends that the evidence is insufficient to support the verdict. His second and third points maintain that the trial court erred in overruling his motion to suppress his custodial statement because the warnings given did not comply with Texas Code of Criminal Procedure article 38.22 and he did not waive his rights. We affirm. Continue reading
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14-14-00307-CR Eric L. Baumgart v. The State of TexasAppeal from Co Crim Ct at Law No 6 of Harris County – Pub.

On August 15, 2014, appellant filed a motion to consolidate these related appeals. A clerk’s record and reporter’s record have been filed in each case. Currently, appellant’s brief is due in each case on September 15, 2014. The motion is GRANTED and we issue the following order:
We order the appeals pending under our appellate case numbers 14-14- 00306-CR, 14-14-00307-CR, 14-14-00308-CR, 14-14-00309-CR, and 14-14- 00310-CR CONSOLIDATED. The existing filing deadlines in case number 14- 14-00306-CR will apply to all cases. Continue reading
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14-13-00628-CR Deigo Rojas v. The State of TexasAppeal from 177th District Court of Harris County

Today we decide whether a pocket knife used in a robbery can be a deadlyweapon. Appellant Deigo Rojas challenges the legal sufficiency of the evidence tosupport his aggravated robbery conviction, contending that the pocket knife wasnot a deadly weapon. We affirm.

Background

A woman was exiting a small bathroom stall at a flea market when she wasapproached by appellant. Appellant held a pocket knife to her shirt underneath herribcage and told her to throw herself to the ground. Instead, she backed into thestall where appellant held her captive for an undetermined amount of time.Appellant asked the woman if she had any money. After she responded no,appellant searched her with one hand while continuously pressing the knife to herchest. He found three cell phones and took them. He then told her that he was
going to sexually abuse her and pulled down his pants with his free hand. 1 Continue reading
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14-13-00375-CR Kevin Lavelle Kent v. The State of TexasAppeal from 174th District Court of Harris County – Rev. – Pub.

In an issue of first impression, we must decide whether statutory violationsaggregated for purposes of Section 31.09 of the Penal Code, the aggregate theftstatute, are elements that the jury must unanimously agree upon, or whether theviolations are mere manner and means for which no unanimity is required.1See Tex. Penal Code Ann. § 31.09 (When amounts are obtained in violation of thischapter pursuant to one scheme or continuing course of conduct, whether from the same orseveral sources, the conduct may be considered as one offense and the amounts aggregated indetermining the grade of the offense.). Continue reading
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14-12-00643-CR Christopher Washington v. The State of TexasAppeal from 248th District Court of Harris County

BACKGROUND

At the time of the events leading to his indictment, appellant lived with hiswife, Syreeta Franklin, and five children in an apartment in Harris County. Amongthese children was twenty-one-month-old S.C.
On April 6, 2011, an emergency call reporting a cardiac arrest came fromappellant’s apartment. Paramedics testified that, when they arrived, they observedappellant walking away from the location, occasionally glancing over his shoulder.Once inside the residence, the paramedics found S.C. unconscious with Franklin
attempting CPR. S.C. was ultimately transferred by the paramedics to the TexasChildren’s Hospital, where she died. The cause of death was blunt head trauma.The autopsy report revealed numerous abrasions, scars, and bruises on S.C.’s body,evidence of both recent injuries and injuries which were at least two days old, andsubdural hemorrhaging. Continue reading
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03-14-00048-CR The State of Texas v. Jess Lee GarciaAppeal from County Court at Law No. 6 of Travis County

The trial court granted appellee Jess Lee Garcia’s motion to suppress evidence

gathered after an investigative detention arising from a passerby’s report of a possible intoxicated
driver. The State contends that the trial court erred by granting the motion to suppress because the
detention did not violate the federal or state constitutions or the Texas Code of Criminal Procedure.
We will affirm the order granting the motion to suppress. Continue reading
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