Jason Demall Buard v. State
05-15-01032-CR
| Tex. App. | Oct 6, 2016Background
- Appellant Jason Demall Buard (the complainant’s uncle) was convicted after a bench trial of sexual assault and sentenced to 40 years’ imprisonment.
- The complainant, J.L., was 14 when she testified Buard kissed her, attempted anal penetration (no penetration occurred), and later performed oral sex on her.
- The incidents occurred during an overnight visit while others were in the house; J.L. did not scream and reported the abuse later the same day to family members.
- Forensic testing (swabs and clothing) did not recover seminal fluid or Buard’s DNA.
- Buard testified and denied the allegations. The trial court (judge as factfinder) resolved conflicts against Buard.
- The State filed a cross-issue asking the judgment be corrected to show Buard pleaded not guilty; the trial court’s written judgment incorrectly stated he pleaded guilty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support sexual assault conviction | J.L.’s testimony alone is sufficient to prove the elements beyond a reasonable doubt | Buard argued the evidence was insufficient given his denial and negative DNA results | Court held J.L.’s testimony was sufficient and overruled the sufficiency challenge |
| Clerical error in judgment regarding plea | State asked the court to correct the judgment to reflect the record | Buard’s position not contested; record shows he pleaded not guilty | Court modified the judgment to show Buard pleaded not guilty and affirmed as modified |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (establishes single standard for reviewing sufficiency of criminal evidence)
- Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App.) (deference to factfinder to resolve conflicting testimony and draw inferences)
- Acosta v. State, 429 S.W.3d 621 (Tex. Crim. App.) (applies Jackson sufficiency standard in Texas)
- Tear v. State, 74 S.W.3d 555 (Tex. App.—Dallas) (child victim’s testimony alone can support sexual-assault conviction)
- Bigley v. State, 865 S.W.2d 26 (Tex. Crim. App.) (appellate power to correct clerical errors in judgments)