Avery Jacob Pollock appeals an order denying his post-conviction
application for writ of habeas corpus on the ground that he received ineffective
assistance of counsel during the guilt-innocence stage of trial and at the post-
conviction stage. We affirm.
Pollock and Krista Waid have a history of domestic violence cases against
each other. On August 8, 2013, Pollock was arrested for assaulting Waid. The Continue reading
Richard Anthony Baldez appeals from the trial court’s order denying his post-conviction
application for writ of habeas corpus. See TEX.CODE CRIM.PROC.ANN.art. 11.072, § 1 (West
Supp. 2014). In a single issue, he contends the trial court erred in denying his application for writ
of habeas corpus because his appellate counsel rendered ineffective assistance in failing to inform
him of his right to file a pro se petition for discretionary review. After reviewing the trial court’s Continue reading
Catherine Stone, Chief JusticeMarialyn Barnard, JusticeLuz Elena D. Chapa, Justice
expectation of privacy that society recognizes as reasonable. Kyllo v. United States, 533 U.S. 27,
33 (2001); see Katz v. United States, 389 U.S. 347, 36062 (1967) (Harlan, J., concurring). Ford’s
cell phone provider tracked, collected, and recorded information about Ford’s physical movements
and location whenever he received or placed a call or text message. This historical cell site data Continue reading
A jury found appellant Jon Thomas Ford guilty of the offense of murder. Based on the
jury’s recommendation, the trial court sentenced him to forty years’ imprisonment. Ford raises
eighteen points of error on appeal, asking this court to reverse his convictions. We affirm the trial
BACKGROUNDOn December 31, 2008, Dana Clair Edwards attended a New Year’s Eve party with her
friends Melissa Federspill and Alan Tarver at the home of a mutual friend. Edwards’s ex- Continue reading
A jury found Jerry Lee Moore guilty of burglary of a vehicle, and the trial court
assessed a sentence of three hundred days in jail. Appellant contends that the trial court erred by
denying his motion to strike jury panelists for cause and by denying his request for additional voir-
dire questioning and peremptory strikes, which allowed the jury selected to contain members he
In 2010, Officers Kim Wolf and Arlie Bridges of the Troy Police Department
initiated a traffic stop and pulled over a car driven by Benito Elizondo-Vasquez. During a search
of the car, the officers found over 190 pounds of marijuana in the trunk. Accordingly, Vasquez was
arrested and charged with a second-degree felony for possessing between 50 and 2,000 pounds of
Tex. Health & Safety Code § 481.121(b)(5). After his arrest, Vasquez filed a motion Continue reading
A jury convicted appellant Johnny Esparza of the offense of sexual assault. See Tex.
Penal Code § 22.011(a)(1). The jury found two of the enhancement paragraphs alleging prior
felonies to be true and, pursuant to the habitual offender punishment provision of the Penal Code,
assessed punishment of confinement for ninety-nine years. See id. § 12.42(d). In four points of
error, appellant challenges the admission of evidence and the trial court’s charge to the jury and Continue reading
The reporter’s record in this case was due June 9, 2014. See Tex. R. App. P.
35.1. The official court reporter, Kathleen O’Connor Powers, filed 8 volumes of
the record on May 27, 2014. On June 12, 2014, this court granted an extension of
time to a substitute reporter, Patricia Palmer, to file the remaining volume of the
record by July 9, 2014. On July 8, 2014, we granted a second extension of time to Continue reading
With respect to the instruction regarding parole eligibility, we are called upon todetermine whether the offense of recklessly causing serious bodily injury to a childis an offense listed in article 42.12, section 3g(a)(1) of the Texas Code of CriminalProcedure. We affirm.
I.FACTUAL AND PROCEDURAL BACKGROUNDIn August 2010,a few weeks after the birth of her son, T.L.B., complainant
Tracy Johnson began living with the child’s father, appellant Jacob AlfredBlanken. Shortly after moving in, Johnson asked appellant to watch T.L.B. while
she accepted a babysitting job. Appellant responded to the request angrily. Theinteraction escalated. Johnson testified that appellant hit her on the backside of thehead and began attacking her with his fists and knees. She screamed at appellant,I have [T.L.B.] in my arms, stop hitting me, stop punching me, stop, I have[T.L.B.] in my arms. Johnson attempted to shelter T.L.B. from the traumainflicted by appellant’s hand and knee by placing T.L.B. between her body and awall in the home. A roommate eventually intervened, and appellant stopped theattack. Johnson noticed that T.L.B. had a softball sitting on the side of his headand took him to the emergency room. T.L.B. was diagnosed with a subarachnoidalhemorrhage and skull fracture. Johnson had contusions on both sides of her faceand displayed bruising.
Appellant was charged by indictments with the offenses of assault against a
family member and recklessly causing serious bodily injury to a child. At trial,appellant pleaded not guilty to the charged offenses and did not put on a defense.At the close of evidence, appellant requested a jury instruction on the lesser-included offense of causing serious bodily injury to a child by criminal negligence.
The trial court denied appellant’s request. The jury found appellant guilty as toboth charged offenses. During the punishment phase, the jury found anenhancement paragraph to be true and assessed punishment at fifteen years’
confinement for the assault and twenty-eight years’ confinement for recklessserious bodily injury to a child. Continue reading
A jury convicted appellant Joseph Edward Spillers of burglary of a buildingand possession of a controlled substance with intent to deliver. Appellant entered aplea of true to two enhancement paragraphs. The trial court sentenced appellant toconfinement in the Institutional Division of the Texas Department of Criminal
Justice for five years for the burglary conviction and twenty-five years for the
possession conviction. The sentences were ordered to run concurrently. In eachcase, appellant filed a timely notice of appeal. We affirm. Continue reading
Appellant Xavier Coffee appeals his conviction for robbery, for which he was
sentenced to six years’ imprisonment. See Tex . Penal Code § 29.02. In a single point of error,
appellant challenges the trial court’s denial of his request for a jury instruction regarding the
lesser-included offense of Class B misdemeanor theft. See id. § 31.03(e)(2)(A)(i). We will affirm.
FACTUAL AND PROCEDURAL BACKGROUND
The jury heard evidence that at the time of the incident in question, the victim,
Pastor Ibarra-Flores, was walking through the ground-floor parking lot of the Budget Inn in Austin Continue reading
In Upshur County, Texas, Hugo Fluellen was charged by indictment with six counts:
two counts of indecency with a child, three counts of sexual assault of a child, and a single count
of aggravated sexual assault of a child. After the jury was selected, Fluellen entered open pleas
of guilty to all charges, and the trial court accepted his pleas. Even after his pleas of guilty, a
jury trial on guilt/innocence occurred, and the jury found him guilty on all counts. After the jury Continue reading
We modify the trial court’s judgment by removing attorney fees, but otherwise affirm the judgment. We reach that conclusion for the following reasons:
Sufficient evidence supports Perry’s convictions.
Perry was not subjected to double jeopardy with the two charges.
Perry was not entitled to any lesser-included-offense instruction.
Evidence of Perry’s prior offense of family violence was admissible.
Perry was not entitled to a mistrial based on the State’s opening statementmentioning his prior family violence conviction.
Admitting McKinney’s accusatory statement through another witness wasnot error.
Appellant Alexander Dolan Davis was placed on community supervision after he pled
guilty to aggravated robbery. See Tex. Penal Code § 29.03; Tex. Code Crim. Proc. art. 42.12, § 3.
After continuing appellant on community supervision after two prior motions to revoke, the trial
court granted the State’s third motion to revoke after finding that appellant had again violated the
conditions of his community supervision. See id. art. 42.12, §§ 2123. The court revoked
It is unclear from the record whether appellant’s middle name is spelled Dolan or
Dolen as it appears both ways throughout the record. We spell his name as it appears on the trialcourt’s judgment revoking community supervision.
The State’s motion to revoke alleged that appellant violated the conditions of supervision
in various ways, including the commission of several misdemeanor offenses, the failure to abstainfrom the use and/or possession of alcoholic beverages and illegal drugs, the failure to pay certain feesassociated with supervision, the failure to complete an anger management program, and the failureto obtain a medical and psychological evaluation as directed. After appellant pled true to most ofthe allegations, the State presented evidence. Based on the evidence and appellant’s pleas of true,the trial court found all the allegations contained in the motion to revoke to be true.
appellant’s community supervision and assessed his punishment at six years’ confinement in the Continue reading
A jury convicted appellant Mark Alan Norwood of the offense of capital murder.1
Punishment was automatically assessed at life imprisonment. In two issues on appeal, Norwood
asserts that the district court abused its discretion in admitting extraneous-offense evidence. We will
affirm the judgment of conviction.
This appeal concerns the 1986 murder of Christine Morton, then the wife of
Michael Morton. As the reader is likely well aware–although the fact was not emphasized to the Continue reading
Appellant Asif Aejaz appeals the trial court’s denial of his application for writ of habeas corpus seeking bail pending appeal of his conviction for intoxication manslaughter. Concluding the trial court did not abuse its discretion in denying bail, we affirm.
A jury found appellant guilty of intoxication manslaughter
and assessed punishment at confinement for seven years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a timely notice of appeal and requested bail pending appeal of his conviction. Continue reading
Appellant Howard Allen Guerrero was convicted by a jury of aggravatedassault with a deadly weapon and unlawful possession of a firearm by a felon.1Appellant challenges both convictions on appeal. With regard to the aggravated
assault conviction, he contends the evidence presented is legally insufficient to
See Tex. Penal Code Ann. §§ 22.02(a)(2), 46.04(a) (West 2011).
support the jury’s rejection of his defense of a third person claim. With regard tothe felon in possession conviction, appellant argues that the trial court erred bydenying his request for an instruction on the defense of necessity. We affirm. Continue reading
A jury convicted appellant Mark Anthony Kentish of compelling prostitutionof a child under the age of 18. See Tex. Penal Code Ann. §§ 43.02(a)(1), 43.05(Vernon Supp. 2013). The jury assessed punishment at 45 years’ confinement anda $10,000 fine. Appellant challenges his conviction on grounds that (1) the
evidence is legally insufficient to prove he committed the offense; (2) the trialcourt erred by admitting into evidence hearsay testimony from a sexual assault
nurse examiner; (3) the trial court erred by admitting into evidence experttestimony from a psychologist; and (4) the trial court erred by admitting intoevidence State’s Exhibits Nos. 3 and 4. We affirm. Continue reading