Humberto Escamilla v. the State of Texas
05-23-00687-CR
Tex. App.Jul 30, 2024Background
- Humberto Escamilla was indicted on charges of indecency with a child by sexual contact (second-degree felony) and continuous sexual assault of a child under 14 (first-degree felony); the State reduced the latter to match the former charge.
- Escamilla pled guilty to both charges and was sentenced to five years’ confinement in each case, to run concurrently, after a bench punishment hearing.
- On appeal, Escamilla challenged the trial court’s jurisdiction, arguing the case was not formally transferred to its docket.
- The State raised cross-issues seeking corrections to the judgments, including specific statutory findings and assessment of costs.
- The appellate court addressed Escamilla’s jurisdiction argument, as well as the State’s requests to modify the judgments to reflect accurate findings on age, family violence, court costs, and statutory requirements.
Issues
| Issue | Escamilla's Argument | State's Argument | Held |
|---|---|---|---|
| Trial court's jurisdiction absent transfer order | No transfer order meant no jurisdiction | Escamilla waived by failing to file a plea to jurisdiction | Waived; jurisdiction upheld |
| Article 42.017 finding (offender/victim ages) | (Not explicitly challenged) | Finding was factually unsupported; should be deleted | Deleted from judgments |
| Article 42.015(b) finding (victims under 14) | (Not opposed) | Judgments should state victims were under 14 at time of offense | Judgments modified to include finding |
| Victim age for sex offender registration | (Not opposed) | Judgments should specify ages (9 years old) for both victims | Judgments modified to reflect accurate ages |
| Affirmative family violence finding | (Not opposed) | Judgment should state offense involved family violence | Family violence finding added (for one judgment) |
| Duplicative assessment of court costs | (Not opposed) | Only lowest-numbered judgment should assess costs | Duplicated costs removed from one judgment |
Key Cases Cited
- Bullock v. State, 673 S.W.3d 758 (Tex. App.—Dallas 2023) (waiver of jurisdictional transfer issue if not timely raised)
- Keller v. State, 604 S.W.3d 214 (Tex. App.—Dallas 2020) (same, transfer order issue)
- McDade v. State, 613 S.W.3d 349 (Tex. App.—Dallas 2020) (appellate authority to reform judgment)
- Asberry v. State, 813 S.W.2d 526 (Tex. App.—Dallas 1991) (proper remedy for incorrect judgment is reformation)
- Sirls v. State, 579 S.W.3d 651 (Tex. App.—Houston [14th Dist.] 2019) (removal of unsupported article 42.017 finding)
- Butler v. State, 189 S.W.3d 299 (Tex. Crim. App. 2006) (mandatory entry of family violence finding if evidence supports)