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Texas Circumstantial Evidence Law
 
Brittney Stiles v. The State of Texas

Appellant entered into an agreement with the State in which she pleaded guilty to the third degree felony offense of assault on a public servant in exchange for a recommendation that she be placed on deferred adjudication community supervision for two years. The trial court signed a deferred adjudication order in accordance with her plea agreement.
The State first moved to adjudicate appel... More...
   $0 (06-28-2016 - TX)

Johnny Zavala v. The State of Texas

A jury found appellant, Johnny Zavala, guilty of driving while intoxicated. The trial court assessed punishment at 180 days in county jail, probated for 15 months. In his sole appellate issue, appellant contends the trial court erred by permitting a State’s witness to testify regarding the effects of alcohol on the body. We affirm.
The trial court held a hearing outside the jury’s presence ... More...
   $0 (06-28-2016 - TX)

Carlos Jose Caceres v. The State of Texas

This case concerns medical supplies and equipment owned by a hospital but found in a nearby medical clinic. Appellant is a medical sales representative who sold products to both facilities.
The supplies and equipment involved are Essure devices and hysteroscopes. An Essure device is a type of birth control inserted into the Fallopian tube. A hysteroscope is a surgical instrument used to look ... More...
   $0 (06-28-2016 - TX)

Alvin Pinkney v. The State of Texas

A grand jury indicted appellant as follows:
ALVIN PINKNEY, on or about the 17th day of March, 2014 and anterior to the presentment of this indictment in the County of Galveston and State of Texas, did then and there, while using a vehicle, intentionally flee from Officer Johnson, a person the defendant knew was a peace officer who was attempting lawfully to arrest or detain the defendant. ENH... More...
   $0 (06-28-2016 - TX)

Isaiah Rideaux v. The State of Texas

In his first issue, appellant contends the trial judge was disqualified because he had been the acting criminal district attorney and therefore was “counsel for the State” during the pendency of the indictment. See Tex. Const. art. V, § 11 (“No judge shall sit in any case . . . when the judge shall have been counsel in the case.”); Tex. Code Crim. Proc. Ann. art. 30.01 (“No judge . . . shall sit ... More...   $0 (06-28-2016 - TX)

Christopher Armaine Redmond v. The State of Texas

Police arrested appellant outside Boss Nightclub and charged him with unlawfully carrying a weapon on premises licensed or issued a permit by the State of Texas for the sale of alcoholic beverages. Witnesses gave conflicting accounts of the events leading to appellant’s arrest. Several police officers present at the scene testified that the nightclub is licensed to sell alcohol and that they saw a... More...   $0 (06-28-2016 - TX)

Trey Foster v. The State of Texas

Appellant entered guilty pleas to two counts of aggravated assault as a result of a shooting at Lone Star College. According to the PSI, three of the shooting victims were transported to the hospital. One of the victims identified Carlton Berry as being the suspect who shot him. Berry, who was wounded during the shooting, identified appellant as his accomplice. Berry told authorities that appellan... More...   $0 (06-27-2016 - TX)

Michael Lee Grimm v. The State of Texas

Police received a report of suspicious activity at a hotel. When they arrived at the hotel, police were taken to a room, where they found torn pieces of paper, including stationary that contained a date of birth, a social security number, and an address. The room was registered to a woman named Jennifer, but payment had been arranged by appellant. Neither Jennifer nor appellant was present when po... More...   $0 (06-27-2016 - TX)

Wilson Orlando Matamoros a/k/a Wilson Matamoros a/k/a Wilson Orlando Matamoros Reyes v. The State of Texas

On February 7, 2014, at 11:30 P.M., officers responded to the scene of an accident
in Brownsville, Texas. It is undisputed that a minivan crashed into a bus stop
approximately ten minutes prior to the officers’ arrival, resulting in the death of Ricardo
Briones. Eyewitness testimony established that soon after the accident, a person was
seen exiting the van and running from t... More...
   $0 (06-27-2016 - TX)

Ashley Rodriguez v. The State of Texas

The record at trial revealed the following: on August 23, 2014, Rodriguez and her
husband Rosendo Torres prepared to move out of their apartment located on Reid Street
in Corpus Christi. Assisting in the move, among others, was neighbor Christine Rohm.
During the course of packing up boxes and moving, Rodriguez accused Rohm of
attempting to steal two bottles of nasal spray ... More...
   $0 (06-27-2016 - TX)

Mark Edward Bolles v. The State of Texas

On February 14, 2014, appellant entered the Corpus Christi Library and used one
of the computers available to library patrons to browse the internet. Alex Hatley, the
library’s technology manager, noticed appellant viewing images of “what looked like
partially clothed individuals.” Hatley testified that he told a secretary to contact law
enforcement because the images appeare... More...
   $0 (06-27-2016 - TX)

Victor Sanchez v. The State of Texas

Complainant, who was five years old at the time of the alleged assault, testified
that Sanchez, an employee of Dollar General, took her into the store’s restroom on the
pretense of checking to see if she had stolen something. She testified that Sanchez
touched her genitals on the skin with his hand, his palm, and his mouth. Complainant
further testified that, when Sanchez tou... More...
   $0 (06-27-2016 - TX)

Dempsey Webb v. The State of Texas

On the date of the offense, Stefanee Dyess, a twenty-six-year-old mother of four, was asleep in her bedroom in her parents’ house. Dyess’s young son came to sleep with her at some point that night. Dyess often left her bedroom window open slightly at night when it was too hot to use only a fan. On the night of the offense, Dyess woke up and saw that her window was open more than she remembered;... More...   $0 (06-27-2016 - TX)

Carl Long v. The State of Texas

Long filed two motions to suppress. At an evidentiary hearing on the motions, the
Navarro County Sheriff’s Department custodian of records testified that he had brought
a CD of the 911 calls from November 14, 2013. The CD was admitted into evidence. One
of the 911 calls was from a man who identified himself and his address and reported a
suspicious vehicle driving near his h... More...
   $0 (06-27-2016 - TX)

Sonye Shields v. The State of Texas

Appellant, Sonye Shields, entered a negotiated plea of guilty to the offense of
possession of a controlled substance, methamphetamine, in an amount of four grams or
more but less than 200 grams.1 Pursuant to the plea agreement, appellant was placed
on deferred adjudication community supervision for a period of five years and ordered to
pay a fine of $3000 plus all costs of cou... More...
   $0 (06-27-2016 - TX)

Sonye Shields v. The State of Texas

Appellant, Sonye Shields, entered a negotiated plea of guilty to the offense of
possession of a controlled substance, methamphetamine, in an amount of four grams or
more but less than 200 grams.1 Pursuant to the plea agreement, appellant was placed
on deferred adjudication community supervision for a period of five years and ordered to
pay a fine of $3000 plus all costs of cou... More...
   $0 (06-27-2016 - TX)

Juan Garcia v. The State of Texas

In September 2002, appellant pleaded guilty to charges of sexual assault and
was placed on ten years’ deferred adjudication community supervision. The terms and
conditions of that community supervision included, inter alia, the following condition:
Report to the Supervision Officer at the Coryell County Community Supervision and Correction[s] Department as directed by the Court and... More...
   $0 (06-27-2016 - TX)

Jeffrey Lawrence MacDonald v. The State of Texas

In a single trial court case, Jeffrey Lawrence MacDonald, pled guilty in open pleas to two
counts of aggravated sexual assault of a child,1 one count of sexual assault of a child,2 and one
count of indecency with a child by sexual contact.3 MacDonald was found guilty and, after a
nonjury punishment trial, was sentenced to life imprisonment on each of the first two counts and
t... More...
   $0 (06-27-2016 - TX)

Kenny Wayne Davlin v. The State of Texas

The historical background giving rise to the charges against Davlin begins with a house
fire on Peach Street in Kilgore, Rusk County, in the early morning hours. As firemen battled the
blaze, Davlin and his wife (who lived in a house which was catty-cornered from the conflagration)
came outside to view the spectacle of the burning house and the procedures taken by the firefighters ... More...
   $0 (06-27-2016 - TX)

Robert Wayne Fry v. The State of Texas

Fry does not contest that he entered a building without the effective consent of the owner,
Jamie Dippold, or his motive for that entry; he only contests whether that building fits the
definition of a habitation. Dippold testified that about two years before the January 2, 2015,
incident at issue, she and her husband bought the farmhouse in question, which is situated on
prope... More...
   $0 (06-27-2016 - TX)

Joseph Edward Anthony v. The State of Texas

A fundamental principle of our criminal justice system is “that 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
a trial.” Drope v. Missouri, 420 U.S. 162, 171 (1975). Due process prohibits the conviction of a... More...
   $0 (06-27-2016 - TX)

John Turner Gray v. The State of Texas

The State introduced a portion of an audio/video recording depicting Gray’s arrest. During
the recording, Gray is repeatedly heard commanding, in a “rude and condescending” tone, his
female companion to bail him out of jail. At trial, Gray objected that this portion of the recording
violated Rule 404(b) of the Texas Rules of Evidence. See TEX. R. EVID. 404(b). The objection
... More...
   $0 (06-27-2016 - TX)

John Turner Gray v. The State of Texas

A jury convicted John Turner Gray of continuous violence against the family. See TEX.
PENAL CODE ANN. § 25.11 (West 2011). Gray was sentenced to seven years’ imprisonment and
was ordered to pay a $5,000.00 fine. On appeal,1 Gray argues that the trial court erred in admitting
into evidence the 9-1-1 call made by the victim’s father, Lawrence Erck, because it contained
hearsay... More...
   $0 (06-27-2016 - TX)

John Turner Gray v. The State of Texas

John Turner Gray keyed his ex-girlfriend’s 2010 Chevrolet Camaro and threw a rock at its
hood. After a jury convicted Gray of criminal mischief, he was sentenced to 180 days’
confinement in state jail and was ordered to pay a $1,800.00 fine. On appeal,1 Gray challenges
the legal sufficiency of the evidence to support the finding that the pecuniary loss amounted to
$1,500.00 o... More...
   $0 (06-27-2016 - TX)

John Turner Gray v. The State of Texas

In evaluating legal sufficiency of the evidence, 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 Popplewell suffered serious bodily injury. See Brooks v. State,
323 S.W.3d 893, 912 (Tex. Crim. App. 2010) (citing Jackson v. Virginia, 443 U.S. 307, 319
(1979... More...
   $0 (06-27-2016 - TX)

Leon Hill v. The State of Texas

Leon Hill, convicted of aggravated sexual assault of a child,1 the four- or five-year-old
Aloree,2 and sentenced to life in prison, attacks on appeal the sufficiency of the evidence, the
admission of evidence of a prior conviction, and the admission of a claimed repressed memory.
We affirm the judgment, because (1) sufficient evidence supports Hill’s conviction, (2) the trial
... More...
   $0 (06-27-2016 - TX)

Victor Rodriguez v. The State of Texas

Complainant G.D. was born in December 1997 and seventeen years old at the time of
trial. She testified that appellant, her uncle, performed multiple acts of sexual abuse against her
beginning when she was six years old until she was thirteen. The acts included appellant
touching her “private area” with his hand, appellant touching her “private area” with his “private
... More...
   $0 (06-26-2016 - TX)

Mohsin Zia v. The State of Texas

On December 3, 2012, a fire destroyed a 22-unit apartment complex in Irving, Texas.
Lorenzo Chavez, a lieutenant in the fire investigation unit of the Irving Police Department,
responded to the scene to investigate the fire.2 Chavez spoke with several residents who believed
that the fire started on the second floor. Chavez also spoke with Officer Rider, an Irving police
offi... More...
   $0 (06-26-2016 - TX)

Christian Lane-Clement Cook v. The State of Texas

Appellant, Colby Long, and their friends met at a car wash where an altercation ensued.
Surveillance video shows an agitated Long walking toward appellant’s vehicle. Before reaching
appellant, one of appellant’s friends approached Long from behind and struck him on the side of
the face. The blow incapacitated Long and he fell to the ground. Appellant proceeded to kick or
st... More...
   $0 (06-26-2016 - TX)

Charles Dewayne Hooks v. The State of Texas

Charles Dewayne Hooks appeals his murder conviction.1 Appellant entered a guilty plea
but elected that a jury assess his punishment. A jury sentenced appellant to confinement for life
and a $10,000 fine. In two points of error, appellant argues the trial court abused its discretion in
admitting into evidence photographs of his tattoos and the judgment should be modified to
r... More...
   $0 (06-26-2016 - TX)

Michael Torrell Tillman v. The State of Texas

Because Tillman has not asserted the evidence is insufficient to support his conviction,
we will recount the evidence and trial proceedings only where necessary to address his issues
and to provide background for this appeal.
The complainant, B.C., testified that Tillman, who was in a romantic relationship with
B.C.’s mother, began sexually abusing her when she was twelve years... More...
   $0 (06-26-2016 - TX)

Roy Lee Tanner v. The State of Texas

Appellant is the father of two girls, A.T. and E.T. On June 28, 2014, Child Protective
Services (“CPS”) was contacted because A.T. and E.T. were found sleeping in a car in a motel
parking lot. A.T. was five years old and E.T. was three years old. CPS removed the girls from
appellant’s custody and placed them in foster care. The girls’ mother was living in another state
at t... More...
   $0 (06-26-2016 - TX)

Doyle Gene Roberson v. The State of Texas

In his first issue, appellant contends the trial court violated his federal due process rights
by failing to include all of the essential elements of the offense in the jury charge. He argues that
the penalty group for the charged offense, penalty group one, which includes cocaine, is an
essential element of the offense.
Appellant was indicted for possession with the intent ... More...
   $0 (06-26-2016 - TX)

Benjamin Lee Chronister v. The State of Texas

Benjamin Lee Chronister appeals his family violence assault conviction. Following the
denial of appellant’s pretrial motion to suppress, appellant pled guilty, and the trial court deferred
adjudication of his guilt and placed him on 15 months’ community supervision. In three points
of error, appellant argues the trial court erred in determining that a 911 call was admissible as an... More...
   $0 (06-26-2016 - TX)

Jose Inez Martinez v. The State of Texas

Appellant Jose Inez Martinez appeals his jury conviction for aggravated sexual assault of
a child under fourteen years of age. After finding appellant guilty, the jury assessed punishment
at forty-five years’ confinement. In a single issue, appellant asserts the trial court erred in
overruling his objection to speculative testimony. For the following reasons, we affirm.
The ... More...
   $0 (06-26-2016 - TX)

David Paul Whitney v. The State of Texas

Appellant David Paul Whitney appeals a judgment adjudicating his guilt for aggravated
assault with a deadly weapon. In six issues, appellant generally contends the trial court erred in:
(1) revoking his community supervision without considering mitigating evidence, (2) finding
four of the nine probation violations true, (3) admitting a videotape into evidence without a
proper ... More...
   $0 (06-26-2016 - TX)

Dionesio Cezario Escobar v. The State of Texas

The complaining witness L.A. was nine years old at the time of trial. She testified that
appellant, her stepfather, began sexually abusing her when she was about six and a half years old
and the abuse continued until shortly before her ninth birthday. L.A. described several instances
of abuse during that time. Specifically, she detailed four acts of sexual abuse, including oral a... More...
   $0 (06-26-2016 - TX)

Joe Lewis v. The State of Texas

Joe Lewis appeals his possession with intent to deliver cocaine in an amount of four
grams or more but less than 200 grams in cause number 05-14-01606-CR, possession with intent
to deliver methamphetamine in an amount of more than one gram but less than four grams in
cause number 05-14-01607-CR, and possession of marijuana in an amount of five pounds or less
but more than four ... More...
   $0 (06-26-2016 - TX)

The State of Texas v. Gwen Jennings

At the hearing on the motion to suppress, Officer Anthony Bondanza testified he was
advised by dispatch that a 911 caller reported two females were at the Hilltop Village Nursing
Home and appeared to be intoxicated. The caller provided a description and license plate number
of the vehicle in which the females had driven away. The vehicle was described as a white Toyota
miniva... More...
   $0 (06-24-2016 - TX)

Leonardo Adame Ortegon v. The State of Texas

In January 2014, Leonardo Adame Ortegon pled guilty to the offense of continuous sexual
abuse of a child pursuant to a plea bargain agreement. In accordance with the terms of the plea
bargain agreement, adjudication was deferred and Ortegon was placed on community supervision
for a period of ten years. In February 2015, the State moved to adjudicate guilt, alleging that
04-15-0... More...
   $0 (06-24-2016 - TX)

 
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