Angel Rene Miranda v. State
2012 Tex. App. LEXIS 10764
| Tex. App. | 2012Background
- Miranda guilty of three counts of aggravated sexual assault; concurrent 30-year terms.
- Five teenage male perpetrators including Miranda; K.B., age 15, was heavily intoxicated.
- Assault occurred in Rainey’s house after group smoked marijuana and drank alcohol.
- DNA found on K.B. matched Miranda; K.B. testified Miranda forced oral sex amid other assaults.
- Indictments charged five counts of aggravated sexual assault with an alternative party-liability theory under section 7.01.
- Jury found Miranda guilty on Counts III, V, and VI; Counts I and II mistrial; judgments entered after punishment hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the charge allowed conviction under party liability for aggravated sexual assault | Miranda argues party-liability theory improperly supports aggravated assault conviction | State contends charge correctly stated law of parties and applicable to counts | Charge proper; no error, and if error existed it was harmless |
| Whether verdicts required total unanimity given multiple offense variants | Unanimity required on which assailant/how committed | No need to unanimous on identity or exact method; aggravating factors are not separate offenses | No unanimity required beyond essential elements; verdicts not less than unanimous |
Key Cases Cited
- Barrios v. State, 283 S.W.3d 348 (Tex. Crim. App. 2009) (two-step charge-review; fundamental error standard)
- Ngo v. State, 175 S.W.3d 738 (Tex. Crim. App. 2005) (unanimity not required on manner and means of single offense)
- Ladd v. State, 3 S.W.3d 547 (Tex. Crim. App. 1999) (harmless-error when evidence supports principal liability)
- Leza v. State, 351 S.W.3d 344 (Tex. Crim. App. 2011) (status as principal vs. party not required to be unanimous)
- Landrian v. State, 268 S.W.3d 532 (Tex. Crim. App. 2008) (aggravating factors are methods of committing single offense)
- Nickerson v. State, 69 S.W.3d 661 (Tex. App.—Waco 2002) (use of deadly weapon and threats are alternate means)
- Gonzales v. State, 304 S.W.3d 838 (Tex. Crim. App. 2010) (form of penetration is separate offense; unanimity required)
- Martinez v. State, 225 S.W.3d 554 (Tex. Crim. App. 2007) (distinction of penetration forms; unanimity on form)