Brady Alan Daniel v. State
03-15-00058-CR
Tex. App.Dec 10, 2015Background
- Daniel and Angela Skelton dated ~5.5 years; Skelton lived with Daniel in a mobile home owned by Daniel’s father.
- On Feb 18, 2014, Daniel learned his work hours were reduced, returned home intoxicated, and demanded to know what Skelton was doing at their house.
- Daniel attacked Skelton, punched her in the face, and attempted to strangle her; Skelton sustained a fractured orbital socket requiring surgery.
- Skelton reported the assault; Daniel was arrested and indicted for aggravated assault causing serious bodily injury.
- Daniel waived a jury, entered an open guilty plea with a judicial confession; trial court found him guilty and true the repeat-offender enhancement, sentencing him to 35 years; appellate review followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Guilty-plea sufficiency under Art. 1.15 | Daniel argues the plea lacks sufficient evidence apart from the plea. | State argues the plea record, including judicial confession and testimony, satisfies Art. 1.15. | Evidence supports guilt; 1.15 satisfied. |
| Enhancement sufficiency under 12.42(b) | Daniel contests proof of a prior felon status for enhancement. | State proved prior conviction via certified judgment and Daniel's stipulations. | Enhancement proven; conviction enhanced to first-degree felony. |
Key Cases Cited
- Menefee v. State, 287 S.W.3d 9 (Tex. Crim. App. 2009) (Art. 1.15 requires independent evidentiary support beyond the plea)
- Chindaphone v. State, 241 S.W.3d 217 (Tex. App.—Fort Worth 2007) (Judicial confession can sustain a guilty plea if it covers all elements)
- Dinnery v. State, 592 S.W.2d 343 (Tex. Crim. App. 1979) (Judicial confession must cover all elements; plea evidence may come from testimony)
- Ex parte Martin, 747 S.W.2d 789 (Tex. Crim. App. 1988) (Addresses effect of “I have nolo contendere” in a judicial confession)
- Flowers v. State, 220 S.W.3d 919 (Tex. Crim. App. 2007) (Evidence of prior conviction admissible if proper foundation and linkage shown)
- Bryant v. State, 187 S.W.3d 397 (Tex. Crim. App. 2005) (Stipulation to prior conviction can dispense with proof of that conviction)