09-13-00057-CR James David Clarke Jr. v. The State of TexasAppeal from 221st District Court of Montgomery County

murder of Amber Elkins, Clarke’s twenty-year-old girlfriend. The jury also found
the enhancement allegation true, and assessed a punishment of life in prison and
a $10,000.00 fine. In a single issue on appeal, Clarke argues he was denied
effective assistance of counsel because he was not allowed to present evidence and

1

cross examine a witness to prove his theory that there was an alternative Continue reading
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04-13-00615-CR Ex Parte Thomas Edward CastilloAppeal from 227th Judicial District Court of Bexar County – Rev. – Pub.

Thomas Edward Castillo was charged with three offenses related to his alleged actions on
August 15, 2010. The first indictment charged him with capital murder, which the State alleged he
committed by intentionally causing the death of Rogelio Nava while in the course of committing
or attempting to commit the offense of burglary of Nava’s home. The second indictment alleged
two counts: Count I alleged that Castillo committed the aggravated assault of Carol Sanchez, and Continue reading
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04-13-00446-CR Benny Alonzo v. The State of TexasAppeal from 226th Judicial District Court of Bexar County

Appellant, Benny Alonzo, appeals his conviction for unlawful possession of a firearm by
a felon. In two issues on appeal, appellant asserts (1) the trial court erred in denying his motion to
suppress, and (2) the evidence is legally insufficient to support his conviction. We affirm.

BACKGROUND

Jennifer Martz, appellant’s common law wife, called police to report she and appellant
were arguing and appellant had guns inside their apartment. Martz requested police assistance to Continue reading
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04-13-00386-CR Deshawn Ondrey Williams v. The State of TexasAppeal from County Court at Law No. 14 of Bexar County – Pub.

Karen Angelini, JusticePatricia O. Alvarez, JusticeLuz Elena D. Chapa, Justice

Appellant Deshawn Ondrey Williams was found guilty of terroristic threats on a public
servant. On appeal, Williams contends the evidence is insufficient to support the jury’s verdict
because any alleged threat was for future harm and, therefore, could not have placed the
complainant in fear of imminent serious bodily injury. Williams also asserts the trial court Continue reading
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04-13-00303-CR Fredys Antonio Varela v. The State of TexasAppeal from 290th Judicial District Court of Bexar County

A jury found appellant, Fredys Antonio Varela, guilty on three counts of aggravated sexual
assault of a child and five counts of indecency with a child by contact. In five issues on appeal,
appellant asserts (1) the trial court erred in denying his motion to suppress, (2) he was denied his
right to counsel of choice, and (3) the trial court erred by commenting on the weight of the
evidence. We affirm. Continue reading
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04-12-00866-CR Larry Dieken v. The State of TexasAppeal from 25th Judicial District Court of Guadalupe County – Pub.

Catherine Stone, Chief JusticeMarialyn Barnard, JusticePatricia O. Alvarez, Justice

Appellant Larry Dieken pled guilty to aggravated assault with a deadly weapon, and the
jury assessed punishment at life imprisonment and a fine. The trial court imposed the sentence,
appointed appellate counsel, and ordered Dieken to pay attorney’s fees for his court-appointed trial
counsel. Dieken appealed. His court-appointed appellate counsel filed an Anders brief, and Continue reading
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04-12-00428-CR Shawn Michael Lewis v. The State of TexasAppeal from 437th Judicial District Court of Bexar County

Karen Angelini, JusticeMarialyn Barnard, JusticeRebeca C. Martinez, Justice

Delivered and Filed: April 16, 2014AFFIRMED
Shawn Michael Lewis appeals his conviction for murder arising out of a shooting on New
Year’s Eve asserting, among other issues, that he did not have the requisite intent to commit
murder. We overrule Lewis’s issues and affirm the trial court’s judgment.

BACKGROUND AND PROCEDURAL HISTORY

On December 31, 2008, approximately fifteen to twenty people were gathered at the home of Shawn Lewis’s parents. A group of young men who had known each other since they were children were present. Shawn was there, along with his brother Johnny Lewis who was cutting 04-12-00428-CRhair in the garage. They were both friends with Carl Bennett, who was the last haircut of the night. A verbal confrontation involving Craig Griffin, Claude Pinesette, and Pierre Johnson broke out in front of the garage after Pierre arrived. Hearing the loud argument, Johnny walked out of the garage with his SKS assault rifle and tried to calm the situation. Johnny testified he thought Claude had a gun and that Craig was trying to take the gun from Claude to shoot Pierre. However, neither Johnny nor anyone else testified they saw any weapons that night other than Johnny’s assault rifle. There was conflicting testimony as to what happened next. Continue reading
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03-12-00032-CR Jeffrey Sharp v. The State of TexasAppeal from 33rd District Court of Burnet County

A jury found Jeffrey Sharp guilty of delivery of between one and four grams of

cocaine and assessed punishment at thirty-five years in prison. Sharp complains of the admission
of evidence seized after an allegedly illegal stop of a vehicle, the denial of a requested jury charge
regarding illegally obtained evidence, the denial of his request for discovery about a confidential
informant witness’s immigration case status, and the admission of evidence regarding his compliance Continue reading
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14-14-00240-CR Forrest Wayne v. The State of TexasAppeal from 351st District Court of Harris County – Pub.

The clerk’s record was filed March 25, 2014. Our review has determined that a relevant item has been omitted from the clerk’s record. See Tex. R. App. P. 34.5(c). The record does not contain the application for writ of habeas corpus filed December 23, 2014.
The Harris County Clerk is directed to file a supplemental clerk’s record on or before April 25, 2014, containing the application for writ of habeas corpus filed December 23, 2014.
If the omitted item is not part of the case file, the district clerk is directed to file a supplemental clerk’s record containing a certified statement that the omitted item is not a part of the case file. Continue reading
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14-13-00889-CR Noe Gerardo Morin v. The State of TexasAppeal from 337th District Court of Harris County – Pub.

A jury convicted appellant of murder and assessed punishment at life in prison. Appellant’s court-appointed counsel, Ellis McCullough, filed a brief in which he concludes the appeal is wholly frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967). Counsel also filed a motion to withdraw from representing appellant.
On April 8, 2014, the trial court conducted a hearing and determined that counsel had not complied with the dictates of Anders v. California. The court appointed substitute counsel, Angela Cameron of the Harris County Public Defender’s Office, to represent appellant in this appeal. Accordingly, we Continue reading
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14-12-01131-CR Paul Arrington Wood v. The State of TexasAppeal from 337th District Court of Harris County

Appellants, Paul Arrington Wood and Lone Star Lube & Wash LP, contend the trial court erred by failing to quash their respective indictments. We affirm.

I.BACKGROUND

Appellants were charged with felony water pollution under section 7.145 of the Water Code. See Tex. Water Code Ann. § 7.145 (West 2008).[1] Specifically, Wood was indicted as follows, and Lone Star’s indictment is identical except for the difference in defendant name: Continue reading
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14-12-00969-CR John M. Perone v. The State of TexasAppeal from Co Crim Ct at Law No 9 of Harris County – Pub.

In this appeal, we consider whether two forms of communication — (1) text messages and (2) communications made via an application that enables a telephone to be used for video calls — may be considered telephone communications within the meaning of the prohibition against harassment by telephone communication contained in section 42.07(a)(4) of the Texas Penal Code. Appellant John M. Perone challenges the sufficiency of the evidence supporting his convict ion for misdemeanor harassment based on evidence of telephone calls, text messages, and video calls that he sent to his former spouse. We determine that the evidence is sufficient to support his conviction. Continue reading
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14-12-00729-CR Robert Michael Riley v. The State of TexasAppeal from 122nd District Court of Galveston County – Pub.

A jury convicted Robert Michael Riley of making a false report with the Texas Department of Family and Protective Services in violation of section 261.107(a) of the Texas Family Code. Tex. Fam. Code Ann. § 261.107 (West 2014). The trial court sentenced Riley to confinement for sixty (60) days in the county jail. The sentenced was suspended and Riley was placed on community supervision for twelve months. Riley appeals claiming venue was not proper in Galveston County, the evidence was insufficient to support his conviction, and the trial court erred in overruling his motions for a mistrial. We affirm. Continue reading
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03-11-00628-CR Kelly James McCarty v. The State of TexasAppeal from 33rd District Court of Burnet County

Appellant Kelly James McCarty was indicted for three counts of indecency with a

child by contact. See Tex. Penal Code § 21.11. The charges arose from allegations made by three
children who had been campers at a summer camp where the Appellant had worked as a counselor.
The Appellant’s first trial ended in a mistrial after the jury was unable to reach a verdict. The jury
in the Appellant’s second trial convicted him of the first and third counts of indecency with a child Continue reading
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03-11-00613-CR John Richard Ahrens v. The State of TexasAppeal from 207th District Court of Comal County

A jury convicted John Richard Ahrens of three counts of indecency with a child by

contact against his step-grandson who was six years old at the time of the abuse. See Tex. Penal
Code § 21.11. After the Appellant pleaded true to five enhancement paragraphs alleging five prior
convictions for the offense of indecency with a child by contact, the trial court assessed punishment
at life imprisonment for each count and ordered the sentences to run consecutively. In a sole issue Continue reading
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01-12-00715-CR Jose Isabel Garcia v. The State of TexasAppeal from 337th District Court of Harris County

Appellant Jose

Isabel Garcia pleaded guilty without an agreed

recommendation as to punishment to the felony offenses of aggravated assault of a
family member (trial court case no. 1318997, court of appeals case no. 01-12-
00715-CR) and aggravated sexual assault (trial court case no. 1325967, court of
appeals case no. 01-12-00716-CR). See TEX.PENAL CODE ANN. §§ 22.01, 22.02, Continue reading
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06-14-00011-CR Donald Allen Crump v. The State of TexasAppeal from 78th District Court of Wichita County

We review for an abuse of discretion a trial court’s implied decision not to conduct an informal inquiry into an accused’s competency to stand trial. Moore v. State, 999 S.W.2d 385, 393 (Tex. Crim. App. 1999); Jackson v. State, 391 S.W.3d 139, 141 (Tex. App.–Texarkana 2012, no pet.). A person is presumed competent to stand trial and shall be found competent to do so unless proved incompetent by a preponderance of the evidence. TEX.CODE CRIM.PROC. ANN. art. 46B.003(b) (West 2006). A person is incompetent to stand trial if the person does not have: (1) sufficient present ability to consult with the person’s lawyer with a reasonable degree 1Crump was originally placed on community supervision for the unauthorized use of a motor vehicle. See T.PCA. § 31.07 (West 2011). In May 2013, the State filed a motion to revoke community supervision,alleging that Crump failed to report to the supervision officer as directed, failed to complete his intake with hissupervision officer, failed to provide written proof to his supervision officer that he completed designatedcommunity service work, and failed to pay supervision and crime-stopper fees and arrearages. After a contestedhearing, Crump’s community supervision was revoked in November 2013, and he was sentenced to two years’confinement.
Originally appealed to the Second Court of Appeals, this case was transferred to this Court by the Texas SupremeCourt pursuant to Section 73.001 of the Texas Government Code. See T.G’CA. § 73.001 (West2013). We are unaware of any conflict between precedent of the Second Court of Appeals and that of this Court onany relevant issue. See T.R.A.P. 41.3. of rational understanding; or (2) a rational as well as factual understanding of the proceedings against the person. TEX.CODE CRIM.PROC.ANN. art. 46B.003(a) (West 2006). A person whose mental condition is such that he lacks the capacity to understand the nature and object of the proceedings against him, to consult with counsel, and to assist in preparing his defense may not be subjected to trial. McDaniel v. State, 98 S.W.3d 704, 709 (Tex. Crim. App. 2003) (quoting Drope v. Missouri, 420 U.S. 162, 171 (1975)). This standard likewise applies to a revocation hearing. See McDaniel, 98 S.W.3d at 710; Lindsey v. State, 310 S.W.3d 186, 188 (Tex. App.–Amarillo 2010, no pet.). Continue reading
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06-13-00150-CR William Bryan Underwood v. The State of TexasAppeal from 3rd District Court of Anderson County

Underwood Pled Not True
Although the reporter’s record establishes that Underwood pled not true to the allegations in the State’s motion to proceed with adjudication, the trial court’s judgment recites that Underwood pled true. The Texas Rules of Appellate Procedure give this Court authority to reform judgments and correct typographical errors to make the record speak the truth. TEX.R. APP.P. 43.2; French v. State,830 S.W.2d 607, 609 (Tex. Crim. App. 1992); Gray v. State,628 1Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas SupremeCourt pursuant to its docket equalization efforts. See T.G’CA. § 73.001 (West 2013). We areunaware of any conflict between precedent of the Twelfth Court of Appeals and that of this Court on any relevantissue. See T.R.A.P. 41.3.2The terms and conditions of Underwood’s community supervision also required him to attend and successfullycomplete a drug-offender-education program within 180 days of the June 11, 2012, order.3The trial court revoked Underwood’s community supervision, adjudicated him guilty of the underlying offense, andsentenced him to two years’ confinement in a state jail facility. The trial court also found that Underwood failed tocomplete the drug-offender-education program. S.W.2d 228, 233 (Tex. App.–Corpus Christi 1982, pet. ref’d). We hereby modify the trial court’s judgment to reflect that Underwood pled not true to the allegations in the State’s motion to adjudicate his guilt. (2) Continue reading
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06-13-00147-CR Roland Douglas Bolden, Jr. v. The State of TexasAppeal from 354th District Court of Rains County – Rev. – Pub.

I.

Factual and Procedural History

Bolden, a live-in friend of A.B.’s mother, was left in charge of A.B. on April 8, 2011. It is undisputed that Bolden touched A.B.’s genitalia. Bolden maintains that while she was attempting to use the bathroom on her own, A.B. allegedly defecated and tried to wipe herself; in that process, Bolden alleged that A.B. smeared feces inside her genitalia. Bolden says that when he discovered the feces inside her genitalia, he wiped the inside area clean before diapering the child. Continue reading
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06-12-00109-CR Weldon Boyce Bridges v. The State of TexasAppeal from 159th District Court of Angelina County

Bridge’s sole cognizable point of error is unclear. He complains because the State accepted evidence at trial that was subjected to DNA Testing without objection, points out that trace evidence was not tested, and then contends that not tested or the omitted contact strip testing, or any test neededto meet the burden of proof, or alternative discovery in another perpetrator, wasdenied by the trial court on post-trial motion for DNA. . . . The state withoutobjection and subject DNA Testing thus, invoking inculpatory and exculpatoryevidence, and now is subject to appellate review.As we interpret that argument, Bridges complains because the trial court denied his motion for DNA testing of trace evidence referenced by the DNA laboratory. The trace evidence language1In his underlying conviction, Bridges pled guilty to one count of a two-count indictment for aggravated sexual
assault of a child. On July 15, 2009, as part of a plea agreement, he was found guilty and sentenced to twenty-twoyears’ imprisonment.2We earlier had dismissed Bridges’ appeal for want of prosecution after he repeatedly ignored our directives andappellate deadlines. The Texas Court of Criminal Appeals reversed our dismissal and remanded the case to thisCourt without a substantive opinion ostensibly because we dismissed due to his failure to file a brief.3Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas SupremeCourt pursuant to its docket equalization efforts. See T.G’CA. § 73.001 (West 2013). We areunaware of any conflict between precedent of the Twelfth Court of Appeals and that of this Court on any relevant
issue. See T.R.A.P. 41.3.4Bridges also raises other issues, all of which relate exclusively to the underlying trial and conviction. Bridges’conviction was pursuant to a plea agreement, and he also signed a waiver of his right to appeal from that conviction.We may not address those matters in this appeal. In re Garcia, 363 S.W.3d 819 (Tex. App.–Austin 2012, no pet.);
Hooks v. State, 203 S.W.3d 861 (Tex. App.–Texarkana 2006, pet. ref’d).
2 is based on a letter from the laboratory stating that no semen was found, apparent blood was detected on panties, and that trace evidence was collected from the panties. Continue reading
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