Billingsley, Jimmy Bernard
PD-0354-15
| Tex. | Mar 31, 2015Background
- Jimmy Bernard Billingsley was indicted on four counts for knowingly transmitting HIV to Q.S.; he pleaded open guilty to Count Four (aggravated assault causing serious bodily injury) and was sentenced to 15 years' incarceration.
- The indictment alleged Billingsley caused Q.S. to contract HIV by sexual contact, and alleged the transmission constituted "serious bodily injury."
- At the plea hearing Billingsley executed a judicial confession swearing he committed "each and every act alleged" in the indictment and stated he pleaded guilty because he was guilty.
- On direct appeal the Eleventh Court of Appeals affirmed, holding the judicial confession satisfied Tex. Code Crim. Proc. art. 1.15's requirement that evidence support a guilty plea.
- Billingsley filed a petition for discretionary review arguing the conviction is void because the record lacks evidence that contracting HIV satisfied the statutory definition of "serious bodily injury."
Issues
| Issue | Plaintiff's Argument (Billingsley) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the guilty plea is supported by sufficient evidence under Tex. Code Crim. Proc. art. 1.15 | Judicial confession and record do not supply evidence that contracting HIV constitutes "serious bodily injury" as defined in Penal Code §1.07(a)(46) | Judicial confession alone satisfies article 1.15 because it admits all elements alleged in the indictment | Court of Appeals: confession covers all elements; plea supported and conviction affirmed |
| Whether contracting HIV is per se "serious bodily injury" for aggravated assault | Medical advances and lack of record proof mean contracting HIV should not be treated as per se serious bodily injury | The indictment alleged transmission caused serious bodily injury; confession admitted that allegation | Court of Appeals did not decide per se status; relied on confession to supply the element rather than independent medical proof |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of evidence under due process)
- Ex parte Martin, 747 S.W.2d 789 (Tex. Crim. App. 1988) (judicial confession can support a guilty plea; no requirement of proof beyond a reasonable doubt at plea)
- Menefee v. State, 287 S.W.3d 9 (Tex. Crim. App. 2009) (article 1.15 requires evidence to support a guilty plea to a noncapital felony)
- Stone v. State, 919 S.W.2d 424 (Tex. Crim. App. 1996) (reviewing sufficiency of evidence by whether it embraces every essential element of the offense)