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Damion Damone Jones v. the State of Texas
10-19-00292-CR
Tex. App.
Aug 4, 2021
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Background

  • Damion Jones was indicted and tried for aggravated robbery; jury convicted and trial court, after finding enhancement paragraphs true, assessed 45 years’ imprisonment.
  • Victims Marlon Dockery, Essex Johnson, and Sonie Baldwin were tied with zip ties during a predawn robbery; Baldwin was struck with a pistol and her phone taken after refusal to give passcode. Stolen items included electronics and Johnson’s diploma.
  • Police tracked Baldwin’s phone to an apartment complex; officers observed a white Cadillac, a man (later identified as Jones) running toward it, and metal sounds; a silver revolver was recovered under the vehicle. Jones was detained near the car.
  • The Cadillac contained stolen property (TV, PlayStation, electronics), Johnson’s diploma, zip ties, a semi-automatic pistol, and small baggies of marijuana; Jones had Baldwin’s phone and a small amount of marijuana on his person and was wearing short jean pants and Jordan shoes.
  • Officers observed forced entry and a ransacked apartment at a nearby unit (Shelby Keng’s), where window locks were missing; Jones was found with matching window locks. Defense identity dispute led to appeal arguments about sufficiency, extraneous evidence, and prior-conviction impeachment.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence to prove Jones was the robber and used a firearm State: eyewitness ID plus possession of recently stolen items, gun under vehicle, and other corroborating circumstances support conviction Jones: Dockery’s ID was insufficient/unreliable to prove he was the intruder who pointed the gun Court: Affirmed — Dockery’s in-court ID, possession of stolen property, and circumstantial evidence sufficient
Admissibility of extraneous evidence (attempted burglary at Keng’s apartment) State: evidence was same-transaction/background contextual evidence essential to narrative and connected to tracking of stolen phone Jones: evidence was irrelevant and improperly prejudicial under Rule 404(b) Court: Affirmed — admission was within trial court’s discretion as contextual/same-transaction evidence
Use of Jones’s 2007 aggravated robbery conviction to impeach his testimony under Rule 609 State: prior felony conviction admissible to attack credibility; probative value justified because Jones testified as sole defense witness Jones: prior aggravated-robbery conviction was similar and thus overly prejudicial; Theus balancing should preclude admission Court: Affirmed — trial court did not abuse discretion; Theus factors considered/implied and impeachment need was high

Key Cases Cited

  • Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency review: evidence must permit any rational trier of fact to find guilt beyond a reasonable doubt)
  • Zuniga v. State, 551 S.W.3d 729 (Tex. Crim. App. 2018) (summarizing sufficiency-review framework and reliance on hypothetically correct jury charge)
  • Mayes v. State, 816 S.W.2d 79 (Tex. Crim. App. 1991) (same-transaction and background contextual evidence doctrines)
  • Theus v. State, 845 S.W.2d 874 (Tex. Crim. App. 1992) (factors for Rule 609 balancing when using prior convictions for impeachment)
  • Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (deference to jury as factfinder on credibility and weight of testimony)
Read the full case

Case Details

Case Name: Damion Damone Jones v. the State of Texas
Court Name: Court of Appeals of Texas
Date Published: Aug 4, 2021
Citation: 10-19-00292-CR
Docket Number: 10-19-00292-CR
Court Abbreviation: Tex. App.