Dennis Steele v. State
01-14-00618-CR
| Tex. App. | Feb 27, 2015Background
- Defendant Dennis Steele was arrested after a single-vehicle crash and taken to Texas City jail following a DWI investigation; breath test showed .223/.208.
- At booking Steele was placed in a regular holdover cell, asleep; jailer Jackson ordered he be moved to another cell for an inmate transfer.
- Officers (Owens and Cisneros) attempted to wake and move Steele; when he did not immediately comply they grabbed his arms, a physical struggle occurred, officers pinned him to the floor, and Corporal Moreno used a Taser. Officers Owens and Cisneros sustained scratches and bleeding.
- Steele was indicted and convicted by a jury of two counts of Assault on a Public Servant and sentenced to 50 years on each count; motion for new trial was overruled.
- On appeal (this brief) Steele raises three errors: (1) trial court erred by refusing a lesser‑included instruction on resisting arrest/search/transport; (2) trial court erred by refusing a self‑defense instruction; (3) evidence was legally insufficient to prove assault on complainant E. Cisneros.
Issues
| Issue | Plaintiff's Argument (Steele) | Defendant's Argument (State) | Held / Posture |
|---|---|---|---|
| Whether resisting arrest/search/transport is a lesser‑included offense of assault on a public servant | The indictment’s allegations and the proof that Steele resisted being transported show the elements of resisting are subsumed by the charged assault; jury should have been allowed to consider it | State argued resisting is not a lesser‑included offense (citing Ortega/Blockburger reasoning) and the assault charge is distinct | Trial court denied the requested lesser‑included instruction; appellant preserved error and seeks reversal for jury‑charge error |
| Whether a self‑defense instruction should have been given | Video and testimony show officers may have used greater force than necessary when waking/moving Steele and piling on him; some evidence supports self‑defense so instruction was required | State argued evidence did not raise entitling quantum (it emphasized weakness/weight of self‑defense evidence) | Trial court denied the self‑defense instruction; appellant preserved error and seeks reversal for charge error |
| Whether evidence is sufficient to prove Steele assaulted “E. Cisneros” as named in the indictment | The witness who testified identified himself only as Officer Cisneros (no initial or first name) and the State amended the indictment to name “E. Cisneros”; appellant argues the State failed to prove identity as charged | State relied on testimony identifying Officer Cisneros’s presence and injuries; argued jury could reasonably identify the complaining officer | Appellant contends identity proof was legally insufficient for conviction in cause 13CR3049 and asks this court to reverse and render acquittal |
Key Cases Cited
- Vasquez v. State, 389 S.W.3d 361 (Tex. Crim. App. 2012) (trial court duty to charge applicable law)
- Hall v. State, 225 S.W.3d 524 (Tex. Crim. App. 2007) (cognate‑pleadings approach for lesser‑included analysis)
- Guzman v. State, 188 S.W.3d 185 (Tex. Crim. App. 2006) (second‑step test: evidence must permit jury to rationally find guilt only of lesser offense)
- Ex parte Watson, 306 S.W.3d 259 (Tex. Crim. App. 2009) (indictment may include non‑statutory descriptive allegations from which lesser elements may be deduced)
- Rice v. State, 333 S.W.3d 140 (Tex. Crim. App. 2011) (two‑pronged test for lesser‑included offenses)
- Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1985) (harm standard for preserved jury‑charge error)