Johnnie Lee Thompson v. State, 10-16-00238-CR

Johnnie Lee Thompson was convicted by a jury of assault-family violence; trial court found an enhancement true and sentenced him to 13 years imprisonment.
The complaining witness, Sol-Lisha Henderson, repeatedly said she would not appear; she failed to appear at trial and a writ of attachment was issued.
The State moved for forfeiture by wrongdoing under Tex. Code Crim. Proc. art. 38.49, and the court held an out-of-jury hearing on admissibility.
Evidence at the forfeiture hearing: prior domestic incidents, Henderson’s 9-1-1 report and later non-prosecution affidavit, threats by Thompson (including “you’re going to die”), and multiple jail calls from Thompson to Henderson immediately before trial.
Recorded jail call showed Thompson warning Henderson to leave town, telling her the DA wanted her, and otherwise attempting to discourage her testimony; investigator also testified Thompson used another inmate’s ID to place calls.
Trial court found by a preponderance that Thompson wrongfully procured Henderson’s unavailability; court admitted related statements and later sentenced Thompson to 13 years (stated as 8 + 5 for truthfulness), which the appellate court affirmed.

Issue	State's Argument	Thompson's Argument	Held
Whether the trial court abused discretion by granting forfeiture by wrongdoing under Art. 38.49	Conduct and statements (threats, repeated calls, jail call advising Henderson not to appear) show Thompson intended to and did procure Henderson’s unavailability	Article 38.49 requires proof that appellant’s actions caused Henderson’s absence; record insufficient to show causation	No abuse of discretion; court found by preponderance Thompson procured unavailability and intended to prevent testimony
Whether the judgment should be reformed to an 8-year sentence instead of 13 years	Court plainly pronounced a total sentence of 13 years and considered extraneous-offense evidence and credibility in punishment	Pronouncement of "eight years for the crime" means judgment should reflect 8 years	Affirmed: judgment of 13 years stands; trial court authorized to consider character/extraneous offenses in punishment

Giles v. California, 554 U.S. 353 (2008) (forfeiture-by-wrongdoing requires defendant engaged in conduct intended to prevent witness testimony)
Gonzalez v. State, 195 S.W.3d 114 (Tex. Crim. App.) (Confrontation Clause and forfeiture-by-wrongdoing principles)
Shepherd v. State, 489 S.W.3d 559 (Tex. App. — Texarkana) (review of trial court's forfeiture determination for abuse of discretion and application of Art. 38.49)