Category Archives: 1st Court of Appeals – CR

The First Court of Appeals, in Houston, Texas, covers Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Waller, and Washington counties.

01-11-00934-CR Andrew Gibbs v. The State of Texas–Appeal from 209th District Court of Harris County

Appellant, Andrew Gibbs, without an agreed punishment recommendation from the State, pleaded guilty to the offense of aggravated robbery,[1] and the trial court assessed his punishment at confinement for twenty-five years. In two issues, appellant contends that the trial court … Continue reading

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01-11-00445-CR Herbert Lee Smith, III v. The State of Texas–Appeal from 122nd District Court of Galveston County

Herbert Lee Smith III was charged by indictment with possession of a controlled substance weighing more than four grams but less than two hundred grams. After the trial court denied Smith’s motion to suppress, Smith pleaded guilty and was sentenced … Continue reading

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01-11-00213-CR Daniel Harris v. The State of Texas–Appeal from 182nd District Court of Harris County

A jury found appellant, Daniel Harris, guilty of the offense of aggravated kidnapping,[1] and the trial court assessed his punishment at confinement for thirty-three years. In two issues, appellant contends that the trial court erred in denying his Batson[2] challenge … Continue reading

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01-11-00740-CR Jeffrey Marlon Petersen v. The State of Texas–Appeal from 180th District Court of Harris County

A jury convicted Jeffrey Marlon Petersen of aggravated assault against a public servant and sentenced him to sixty years’ confinement. Petersen challenges his conviction, arguing that the trial court improperly denied his request to instruct the jury on resisting arrest … Continue reading

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01-11-00279-CR Marquis Andre Plummer v. The State of Texas–Appeal from 180th District Court of Harris County – Pub.

After a bench trial, appellant, Marquis Plummer, was convicted of unlawful possession of a firearm by a felon[1] and unlawful possession of body armor by a felon.[2] The trial court made an affirmative finding of a deadly weapon on the … Continue reading

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01-10-00907-CR Crystal Yvette Roberson v. The State of Texas–Appeal from 262nd District Court of Harris County – Pub. – Dissent.

I respectfully and reluctantly dissent because I believe this case is controlled by the Fourteenth Court’s opinion in Mikel v. State, 167 S.W.3d 556 (Tex. App.—Houston [14th Dist.] 2005, no pet.). In her first issue, Roberson contends that the evidence … Continue reading

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01-10-00907-CR Crystal Yvette Roberson v. The State of Texas–Appeal from 262nd District Court of Harris County – Pub.

After a jury found Crystal Yvette Roberson guilty of aggravated assault, Roberson pleaded true to two enhancement paragraphs, based on two prior convictions—an August 28, 1989 conviction for aggravated assault and a July 8, 1991 conviction for possession with intent … Continue reading

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01-10-00732-CR Lobe Mayes v. The State of Texas–Appeal from 183rd District Court of Harris County

A jury convicted Lobe Mayesof the felony offense of indecency with a child and, after finding two enhancement offenses true, assessed punishment at forty years’ confinement.[1]Mayes timely filed a notice of appeal. Mayes’s appointed counsel on appeal has filed a … Continue reading

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01-11-00741-CR Pablo Omar Sanango v. The State of Texas–Appeal from 232nd District Court of Harris County

A jury found appellant, Pablo Sanango, guilty of the felony offense of driving while intoxicated[1] and assessed his punishment at confinement for four years. Appellant’s counsel on appeal has filed a brief stating that the record presents no reversible error … Continue reading

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01-11-00482-CR Clarence Semere, II v. The State of Texas–Appeal from 232nd District Court of Harris County

Appellant Clarence Semere II was convicted of burglary of a habitation. After finding two prior felony enhancements to be true, the jury assessed punishment at forty years’ confinement. In one point of error, appellant argues that the “trial court erred … Continue reading

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01-11-00155-CR Aljero Sentese Collins v. The State of Texas–Appeal from 337th District Court of Harris County

A jury found appellant, Aljero Sentese Collins, guilty of the offense of capital murder,[1] and the trial court assessed his punishment at confinement for life.In two issues, appellant contends that the trial court, in its charge to the jury, did … Continue reading

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01-12-00123-CR Simon Vargas Fajardo v. The State of Texas–Appeal from 209th District Court of Harris County

Simon Vargas Fajardo pled guilty to aggravated sexual assault of a child and was sentenced to forty years’ confinement. Fajardo contends that the sentence is grossly disproportionate to the offense, constituting cruel and unusual punishment under the Texas and United … Continue reading

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