Cessica Desha Darden v. State
01-16-00399-CR
| Tex. App. | Apr 27, 2017Background
- Appellant Cessica Darden was indicted for aggravated robbery with a deadly weapon arising from an incident where a complainant, Ginsburg, was hanging onto a car; alleged acts included driving off with him hanging on, driving over him, and kicking him.
- Darden signed a sworn “Waiver of Constitutional Rights, Agreement to Stipulate, and Judicial Confession” that mirrored the indictment and included the handwritten note that the State moved to reduce the charge to aggravated assault; she also signed written admonishments acknowledging she committed each element alleged.
- At a plea hearing Darden pleaded guilty (the court noted the State’s motion to reduce to aggravated assault and explained the punishment range); the court deferred sentencing for a presentence investigation (PSI).
- The PSI (admitted without objection) and the victim’s testimony described severe injuries (broken arm, leg, torn ACL, shattered fingers, lacerations) and stated Darden hit and kicked Ginsburg while he hung onto the car.
- At sentencing the trial court found Darden guilty of aggravated assault with a deadly weapon and sentenced her to 15 years; Darden appealed, arguing insufficient evidence supported the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support conviction after guilty plea and judicial confession | State: Judicial confession and PSI/victim testimony supply evidence of elements for aggravated assault (and aggravated robbery) | Darden: Judicial confession only attests to aggravated robbery; judge failed to clearly state charge; testimony does not establish intentional/knowing/reckless conduct | Court: Affirmed. Judicial confession (and PSI/victim testimony) embraced elements of aggravated assault (a lesser-included offense); court could find Darden guilty of aggravated assault despite plea language; evidence sufficient |
Key Cases Cited
- Merritt v. State, 368 S.W.3d 516 (Tex. Crim. App. 2012) (standard for reviewing sufficiency of evidence)
- Menefee v. State, 287 S.W.3d 9 (Tex. Crim. App. 2009) (written stipulations/judicial confessions may supply evidence for guilty plea if they embrace every element)
- Stone v. State, 919 S.W.2d 424 (Tex. Crim. App. 1996) (judicial confession effect when defendant concedes veracity of stipulation)
- Thomas v. State, 599 S.W.2d 823 (Tex. Crim. App. 1980) (trial court may find defendant guilty of lesser offense after guilty plea when facts require)
- Zapata v. State, 449 S.W.3d 220 (Tex. App.—San Antonio 2014) (proof for aggravated assault may be encompassed by proof for aggravated robbery)
- Breaux v. State, 16 S.W.3d 854 (Tex. App.—Houston [14th Dist.] 2000) (judicial confession omitting an element can render evidence insufficient)
- Cardenas v. State, 403 S.W.3d 377 (Tex. App.—Houston [1st Dist.] 2013) (judicial confession acknowledging commission of elements supports conviction)
- Stewart v. State, 12 S.W.3d 146 (Tex. App.—Houston [1st Dist.] 2000) (Article 1.15 does not limit evidence to guilt/innocence phase; PSI evidence may be considered)