Gonzalez, Enrique Jr.
PD-0036-15
Tex. App.Feb 20, 2015Background
- Gonzalez, Jr. was charged with two counts of indecency with a child under 17 in Duval County arising from an June 22, 2011 incident.
- The indictment alleged sexual contact with the minor by touching her genitals and breast with the intent to arouse or gratify sexual desire.
- Gonzalez had a 1996 aggravated sexual assault conviction, which was used to enhance his punishment to life in prison.
- Judgment on his conviction was entered July 1, 2013, and he timely appealed; the Fourth Court of Appeals affirmed December 10, 2014.
- Gonzalez asserts two grounds on review: preservation of defense-witness admonishments without trial objections, and compliance with Article 36.27 regarding a jury deadlock note.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of trial admonishments to defense witnesses | Gonzalez argues the appellate court failed to apply Blue v. State and related precedent to preserve fundamental error | State contends no preserved error because defense-witness admonishments were not objectionable | Denied; no reversible error found on admonishments |
| Jury deadlock note and Article 36.27 compliance | Gonzalez contends the trial court failed to disclose and obtain objection to the jury note about deadlock | State argues Gonzalez had opportunity to object, but record showed no timely objection | Denied; record shows lack of preserved objection, and court followed Article 36.27 procedures |
Key Cases Cited
- Blue v. State, 41 S.W.3d 129 (Tex. Crim. App. 2000) (fundamental error review possible without objection)
- Sharpe v. State, 648 S.W.2d 705 (Tex. Crim. App. 1983) (preservation rules and error review guidance)
- Webb v. State, 409 U.S. 95 (U.S. 1972) (no obligation to admonish perjury after oath taken)
- Green v. State, 912 S.W.2d 189 (Tex. Crim. App. 1995) (presumption of open-court proceedings when record is silent)
- Williamson v. State, 771 S.W.2d 601 (Tex. App.—Dallas, 1989) (requires proper record on jury communications and objections)
- Rickels v. State, 108 S.W.3d 900 (Tex. Crim. App. 2003) (waiver doctrine for conditions of probation; objecting at trial required)
- Word v. State, 206 S.W.3d 646 (Tex. Crim. App. 2006) (burden to show preserved reversible error; silence record)