Isreal Reyes, Sr. v. State
03-15-00233-CR
| Tex. App. | Oct 5, 2015Background
- Isreal Reyes, Sr. was indicted in Comal County for aggravated assault, endangering a child, and unlawful possession of a firearm.
- At trial, Reyes pled not guilty to aggravated assault and endangering a child and guilty to unlawful possession of a firearm; the jury convicted on all counts.
- Punishment was set: 20 years for aggravated assault, 10 years for endangering a child, and 10 years for unlawful possession, all running concurrently.
- Appellate review followed after an out-of-time appeal was granted; the trial court certified Reyes’ right to appeal.
- On direct appeal Reyes challenges (1) sufficiency of evidence for serious bodily injury, (2) sufficiency of evidence for imminent danger to the unborn child, (3) deportation admonishment for the guilty plea, and (4) judgment reform on the second count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of serious bodily injury | Reyes (Reyes) contends no serious bodily injury occurred. | State asserts evidence shows serious bodily injury under statutory definition. | Evidence insufficient; reform count one to second degree and remand for punishment |
| Imminent danger to unborn child | Evidence shows potential danger but not imminent danger to the unborn child. | State argues shooting at/in direction of mother placed fetus in imminent danger. | Evidence insufficient; reverse and render acquittal |
| Deportation admonishment for guilty plea | Trial court failed to admonish about immigration consequences for plea on count three. | Citizenship status unknown; need admonishment to ensure fair assurance. | Harm established; reverse the conviction for unlawful possession of a firearm |
| Judgment reform for second count | Second count is a state jail felony; judgment misstates degree as a third-degree felony. | Judgment should reflect state jail felony as intended by conviction; possible modification allowed. | Modify judgment to reflect state jail felony for count two |
Key Cases Cited
- Moore v. State, 739 S.W.2d 347 (Tex. Crim. App. 1987) (defining serious bodily injury and role of evidence)
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for reviewing sufficiency of evidence)
- Winfrey v. State, 393 S.W.3d 763 (Tex. Crim. App. 2013) (sufficiency review framework)
- Malik v. State, 953 S.W.2d 234 (Tex. Crim. App. 1997) (hypothetically correct jury charge standard)
- Hwang v. State, 130 S.W.3d 496 (Tex. App.-Dallas 2004) (deportation admonishment requirement)
- Vannortrick v. State, 227 S.W.3d 706 (Tex. Crim. App. 2007) (harm analysis for article 26.13(a)(4) admonishment)
- Kelley v. State, 237 S.W.3d 906 (Tex. App.—Houston [14th Dist.] 2007) (considerations for admonishment harm analysis)
- Stuhler v. State, 218 S.W.3d 706 (Tex. Crim. App. 2007) (evidence evaluation in bodily injury cases)
- Webb v. State, 12 S.W.3d 808 (Tex. Crim. App. 2000) (classification of state jail offenses; aggravation framework)
- Ford v. State, 334 S.W.3d 230 (Tex. Crim. App. 2011) (relationship between offense and punishment range)