Dewan Morgan v. State
465 S.W.3d 327
Tex. App.2015Background
- Morgan was convicted by jury in two indictments: burglary of a habitation (F-2013-1704-C) and the lesser-included offense of assault, and separately an assault in F-2013-1703-C; enhancements were found true and punishments set as 12 years for burglary and 365 days for assault.
- Appellant does not challenge the assault conviction in F-2013-1703-C.
- Morgan and Complainant lived in the same one-bedroom apartment; Morgan was a cotenant and had a key, and the lease listed Complainant as the leaseholder.
- After disputes, Complainant locked the deadbolt; Morgan kicked the door open and entered the apartment, leading to a struggle during which Complainant alleges an assault.
- Complainant’s trial testimony conflicted with a prior written statement, in which she claimed Morgan grabbed a knife, punched, and choked her, though she testified those latter details were untrue.
- The trial court sentenced Morgan, but on review the court found the evidence insufficient to prove burglary beyond a reasonable doubt and modified the judgment to reflect a conviction for assault instead, remanding for a punishment retrial on the second assault conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for burglary without consent | Morgan | State | Evidence insufficient; burglary modification needed |
| Appropriate remedy when the assault and burglary theories overlap | Morgan | State | Modify to reflect assault; remand for punishment on second assault |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1980) (sufficiency review standard)
- Dobbs v. State, 434 S.W.3d 166 (Tex. Crim. App. 2014) (sufficiency review in Texas)
- Tex. Penal Code Ann. § 30.02, – (–) (burglary requires non-consented entry with intent to commit assault)
- Tex. Code Crim. Proc. Ann. art. 21.08, – (–) (indictment may allege ownership or possession in any party)
- Black v. State, 505 S.W.2d 821 (Tex. Crim. App. 1974) (definition of possession/occupancy for burglary)
- Dominguez v. State, 355 S.W.3d 918 (Tex. App.—Fort Worth 2011) (possession prior to break-in; tenancy rights)
- Thornton v. State, 425 S.W.3d 289 (Tex. Crim. App. 2014) (standard for lesser-included offenses and sufficiency)
- Rodriguez v. State, 454 S.W.3d 503 (Tex. Crim. App. 2015) (analysis of burglary theories and sufficiency)
- Tibbs v. Florida, 457 U.S. 31 (1982) (requires consideration of state interests in verdicts)