Brandon Lynn Darkins v. State
2014 Tex. App. LEXIS 4582
| Tex. App. | 2014Background
- Appellant Darkins convicted of aggravated assault with a deadly weapon in Harris County; appeal from 263rd District Court; eight-year sentence affirmed.
- The State charged that Darkins intentionally and knowingly caused bodily injury to the complainant with a motor vehicle and used a deadly weapon.
- At Shakespeare Pub, Darkins and Lisa Miller argued with bar patrons after being asked to leave; a manager and bartender confronted them, and the bartender used a taser unsuccessfully.
- Outside the bar, Miller and others intervened; Darkins drove the vehicle toward people, struck the complainant, and continued driving into a florist shop before fleeing.
- Darkins testified he acted to defend himself and Miller from imminent harm and disputes the bar confrontation.
- The jury found Darkins guilty and assessed an eight-year prison term; post-trial, issues include sufficiency, self-defense, lesser-included offense, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict | Darkins argues evidence fails to prove intent to injure | State asserts proven elements beyond reasonable doubt and self-defense issues defeated | Evidence legally sufficient; self-defense rejected beyond reasonable doubt |
| Self-defense sufficiency | State failed to negate self-defense evidence; request for reversal | Jury could rationally reject self-defense; intent shown | Sufficiency supports conviction despite self-defense claim |
| Lesser-included offense: deadly conduct instruction | There is more than scintilla of evidence of recklessness; deadly conduct warranted | There may be intermediate offenses; reckless aggravated assault could be lesser-included | No deadly conduct instruction; evidence could support reckless aggravated assault, which barred deadly conduct instruction |
| Factually insufficient reform: conviction vs. deadly conduct | Judgment should reflect deadly conduct due to factual insufficiency | Conviction supported; deadly conduct not the sole viable offense | No reform; conviction for aggravated assault stands; deadly conduct not alternate judgment |
| Ineffective assistance of counsel | Counsel failed in voir dire, opening, preparation, hearsay objections, necessity instruction | Record silent on strategy; cannot show deficient performance or prejudice | No ineffective assistance established; record supports trial counsel’s trial strategy |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (reasonable doubt standard for sufficiency review)
- Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009) (appellate deference to jury credibility determinations)
- Ford v. State, 38 S.W.3d 836 (Tex. App.—Houston [14th Dist.] 2001) (intentional/knowing aggravated assault; relationship to deadly conduct)
- Flores v. State, 245 S.W.3d 432 (Tex. Crim. App. 2008) (lesser-included offense framework; intermediate offenses framework)
- Hudson v. State, 394 S.W.3d 522 (Tex. Crim. App. 2013) (intermediate lesser-included offenses analysis when assessing deadly conduct/other offenses)