Anthony Torres v. State
03-14-00712-CR
| Tex. App. | Jul 21, 2017Background
- Defendant Anthony Torres was convicted by a jury of: (1) sexual assault in a prohibited relationship (charged as first-degree felony) and (2) prohibited sexual conduct with his adult daughter; convictions on both counts; sentences: 20 years (count 1) and 5 years (count 2).
- Victim D.T. testified she fell asleep in Torres’s house after heavy drinking and later awoke with Torres on top of her, feeling thrusting and that his penis was inside her; her pants/panties were around her knees; she reported months later.
- D.T.’s aunt Toni testified Torres admitted having sex with D.T., including statements that he “fucked up” and that he “flipped her over on her back and he fucked her.”
- Police recorded two interviews with Torres and covertly recorded a conversation between Torres and Toni arranged by police; Torres moved to suppress the covert recording.
- On appeal Torres raised sufficiency of evidence, jury-charge/punishment-range error (bigamy element elevating offense), denial of mistrial after witness referenced a “potential other victim,” motion-to-suppress ruling, and ineffective-assistance claims. The court applied Arteaga (Texas Crim. App.) guidance on the bigamy element.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Torres) | Held |
|---|---|---|---|
| Sufficiency to prove penetration and lack of consent | Evidence (victim testimony, torn clothing, defendant admissions) sufficed to prove sexual intercourse without consent | Insufficient to prove penetration or nonconsent given intoxication and memory gaps | Conviction for sexual assault and prohibited sexual conduct is supported; sufficiency sustained for guilt elements |
| Whether victim was a person defendant was “prohibited from marrying” (elevation to 1st‑degree) | State did not need to prove bigamy; elevation proper under charge | Insufficient evidence to show facts that would constitute bigamy as required by §22.011(f) | Following Arteaga, State must prove facts constituting bigamy; evidence insufficient to support first‑degree elevation — judgment modified to second‑degree sexual assault and remanded for new punishment hearing |
| Denial of mistrial after witness referenced a “potential other victim” | Reference was vague and curable by instruction to disregard; no identifying facts revealed | Comment was prejudicial and impossible to cure; mistrial required | Trial court within reasonable discretion to deny mistrial; instruction to disregard adequate; point overruled |
| Motion to suppress covert recording (Toni) — Fourth Amendment | Recording by consenting informant admissible; Toni consented and was lawfully in defendant’s home | Recording invaded reasonable expectation of privacy; warrant required | Following White and Texas precedent, recording by consenting informant in home not per se unconstitutional; suppression denial affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Katz v. United States, 389 U.S. 347 (Fourth Amendment privacy expectation principles)
- White v. United States, 401 U.S. 745 (recordings by government informants and admissibility)
- Strickland v. Washington, 466 U.S. 668 (ineffective‑assistance-of‑counsel standard)
- Griffin v. State, 491 S.W.3d 771 (remand for new punishment when conviction reformed to lesser‑included offense)