Darryn Burgess v. State
04-16-00009-CR
| Tex. App. | Dec 7, 2016Background
- On Nov. 10, 2013 Burgess sought ER treatment; staff concluded he was psychotic after methamphetamine and marijuana use and initiated emergency detention.
- San Antonio PD Officers Aguilar and Meade responded to detain Burgess; Burgess resisted handcuffing and a physical struggle ensued.
- Burgess repeatedly punched Officer Aguilar in the head and face, knocked him down, pinned him, and attempted to take Aguilar’s gun; Aguilar fired once and was injured; Meade shot Burgess at close range to end the assault.
- Burgess was indicted on three counts: aggravated assault causing firearm discharge (Count I), assault on a public servant by striking with hands (Count II), and attempting to take a weapon (Count III). Jury acquitted on Counts I and III, convicted on Count II and found an affirmative deadly-weapon finding (hands).
- Burgess pleaded true to two prior felonies, exposing him to an enhanced punishment range; the trial court sentenced him to 50 years and a $2,000 fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for deadly-weapon finding (hands) | State: totality of evidence—repetitive, forceful punches to head, victim vulnerable on ground, serious injuries and testimony that death was possible—supports that hands were capable of causing death/serious bodily injury | Burgess: injuries were not shown to be life-threatening; evidence insufficient to show hands were capable of causing serious bodily injury or death | Court: affirmed—viewing evidence in light most favorable to verdict, jury could find hands were used in a manner capable of causing death or serious bodily injury |
| Clerical error in judgment as to offense of conviction | State: judgment misstates conviction as aggravated assault (Count I) when jury convicted on Count II | Burgess: (no separate argument recorded) | Court: modified judgment to reflect conviction for Count II, Assault Upon a Public Servant (Habitual) with affirmative deadly-weapon finding |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for legal-sufficiency review)
- Lane v. State, 151 S.W.3d 188 (Tex. Crim. App. 2004) (sufficiency review principles)
- Curry v. State, 30 S.W.3d 394 (Tex. Crim. App. 2000) (jury conflict-resolution presumption)
- Tucker v. State, 274 S.W.3d 688 (Tex. Crim. App. 2008) (hands may qualify as deadly weapon depending on manner of use)
- Turner v. State, 664 S.W.2d 86 (Tex. Crim. App. 1984) (victim’s injuries are a factor in deadly-weapon analysis)
- McCain v. State, 22 S.W.3d 497 (Tex. Crim. App. 2000) ("capable" language covers conduct that threatens deadly force)
- Hopper v. State, 483 S.W.3d 235 (Tex. App.—Fort Worth 2016) (hands can be deadly weapon if manner of use shows capability)
- Quincy v. State, 304 S.W.3d 489 (Tex. App.—Amarillo 2009) (victim’s fear of death is relevant to deadly-weapon finding)
- Barrera v. State, 321 S.W.3d 137 (Tex. App.—San Antonio 2010) (court may correct clerical judgment errors under appellate rule)