Joey Dwayne Jones v. State
428 S.W.3d 163
| Tex. App. | 2014Background
- In November 2011, four-year-old O.H. was left with Roberta and Roberta’s brother, Joey Dwayne Jones (appellant). Roberta left briefly; Jones was alone with O.H.
- After pickup the same night, O.H. told her mother Sandtesia that Jones had kissed her and touched her genital area over her clothes; O.H. described being picked up, wrapped around his legs, laid on her back, kissed, and touched.
- Sandtesia took O.H. to police; O.H. had a forensic interview (tape not admitted). At trial, six-year-old O.H. identified Jones and pointed to an anatomically correct diagram to indicate where she was touched.
- Police recorded two interviews of Jones; in the second, after Miranda warnings, Jones admitted touching O.H. but later testified he felt pressured into confessing and denied the conduct at trial.
- A jury convicted Jones of indecency with a child (contact) and sentenced him to ten years. The written judgment—though Jones was found indigent and counsel was appointed—ordered him to pay attorney’s fees “to be assessed.” No finding of changed financial status appeared.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Jones touched complainant’s genitals | State: O.H.’s in-court identification, outcry, and Jones’s recorded admission suffice | Jones: O.H. was coached by her mother and thus testimony is unreliable | Conviction affirmed; O.H.’s testimony and outcry alone are sufficient, and jury reasonably credited it plus Jones’s recorded admission |
| Assessment of attorney’s fees against an indigent defendant | State: Judgment orders appellant to pay attorney’s fees; issue ripe despite no dollar amount | Jones: Indigent finding never changed; no evidence supports fee assessment | Judgment modified: fee assessment deleted because no record of changed financial circumstances |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Adames v. State, 353 S.W.3d 854 (Tex. Crim. App. 2011) (Jackson is controlling sufficiency standard)
- Martinez v. State, 178 S.W.3d 806 (child victim’s uncorroborated testimony can sustain conviction)
- Williams v. State, 235 S.W.3d 742 (deference to jury credibility determinations)
- Wiley v. State, 410 S.W.3d 313 (trial court must find changed financial circumstances before imposing appointed counsel’s fees)
- Cates v. State, 402 S.W.3d 250 (no factual basis to order repayment absent finding appellant can pay)