Griego v. State
2011 Tex. App. LEXIS 5477
| Tex. App. | 2011Background
- Griego was convicted by a Hale County jury of evading arrest or detention using a vehicle, a third-degree felony, with a prior evading conviction, and sentenced to ten years.
- The State conceded there was insufficient evidence to prove the third-degree felony evading offense due to lack of prior-conviction proof at guilt-innocence.
- The trial court’s judgment was challenged post-Brooks v. State, with the court of appeals re-evaluating sufficiency under Jackson v. Virginia.
- The State charged both the third-degree felony and a state jail felony, but the record showed the state jail felony sufficiency remained contested.
- The court ultimately held there was insufficient evidence to sustain the state jail felony as charged, and insufficient to sustain the third-degree felony; but evidence supported the misdemeanor evading arrest or detention conviction, which the court reformed and remanded for punishment.
- The case was remanded to permit a new punishment trial on the misdemeanor conviction while the acquittal on the third-degree felony remained in effect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for third-degree felony evading with vehicle | Griego argues the evidence supports the third-degree felony under 38.04 | State concedes lack of prior conviction proof for felony status | Insufficient evidence; acquittal on third-degree felony |
| Sufficiency of evidence for state jail felony evading with vehicle | Griego contends insufficient evidence to prove state jail felony | State asserts evidence supports state jail felony | Insufficient evidence; no reform to reflect state jail felony |
| Sufficiency of evidence for misdemeanor evading arrest or detention | Griego contends insufficient to prove misdemeanor evading | State argues evidence supports misdemeanor evading | Sufficient; reform of judgment to class B misdemeanor and remand for punishment |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex.Crim.App.2010) (sets the modern standard for sufficiency review post-Brooks)
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (establishes Jackson standard for sufficiency beyond reasonable doubt)
- Redwine v. State, 305 S.W.3d 360 (Tex.App.-Houston [14th Dist.] 2010) (evidence of knowledge of police in evading cases; delineates proof requirements)
- Mayfield v. State, 219 S.W.3d 538 (Tex.App.-Texarkana 2007) (fleeing требуют intent; no fixed speed-distance rule)
- Haynes v. State, 273 S.W.3d 183 (Tex.Crim.App.2008) (authority on reforming judgments to lesser included offenses)