Jacob Mediano v. State
03-16-00211-CR
| Tex. App. | Jul 18, 2017Background
- Jacob Mediano was indicted by a Tom Green County grand jury for aggravated sexual assault of a child after DNA linked him as the probable father of his 13-year-old niece’s baby.
- The indictment alleged penetration on or about July 15, 2013; the grand jury foreman signed the indictment.
- The indictment bears the district clerk’s original file stamp dated October 6, 2014 and a case-summary entry stating the indictment was delivered to the clerk by the grand-jury foreman with at least nine jurors present.
- At trial the indictment was read in open court, Mediano was asked to enter a plea, and a jury convicted him; punishment was assessed at 50 years’ imprisonment.
- Mediano filed a one-sentence motion for new trial alleging the verdict was contrary to law and evidence; it was overruled by operation of law. He appealed asserting lack of jurisdiction for defective presentment and an equal-protection challenge.
Issues
| Issue | Plaintiff's Argument (Mediano) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the district court lacked jurisdiction because the indictment was not actually presented to the court as required by art. 20.21 | The record shows only "filing," not affirmative evidence that the grand-jury foreman delivered the indictment to the judge or clerk, so presentment (and thus jurisdiction) is lacking | The indictment bears the clerk’s original file stamp and a case-summary entry confirming delivery by the grand-jury foreman with nine jurors, which is strong evidence of presentment | Affirmed: presentment requirement met; court had jurisdiction |
| Whether presentment practice here violates equal protection because state-prepared filings require less documentary proof of presentment than defense filings (e.g., motions for new trial) | The disparity in documentation (indictment accepted on clerk’s stamp/case entry while defense filings require more) denies equal protection | No preserved complaint in the trial court; defendant failed to timely raise the equal-protection claim | Not preserved for review; issue overruled |
Key Cases Cited
- State v. Dotson, 224 S.W.3d 199 (Tex. Crim. App.) (indictment bearing clerk’s original file stamp is strong evidence presentment requirement satisfied)
- Saldano v. State, 70 S.W.3d 873 (Tex. Crim. App.) (appellate review of certain claims requires preservation at trial)
- Moreno v. State, 409 S.W.3d 723 (Tex. App.—Houston [1st Dist.]) (equal-protection claims in criminal cases must be preserved for appeal)