Jose Angel Reyes v. State
2013 Tex. App. LEXIS 775
Tex. App.2013Background
- Appellant Jose Angel Reyes was convicted of DWI third offense or more with enhancements; sentence of 50 years; conviction modified to Class A misdemeanor DWI and remanded for punishment hearing.
- Indictment alleged DWI third offense with two enhancement convictions; trial occurred in February 2012; jury found guilt and true on enhancements.
- Stopped in the early morning June 18, 2011; lethergic appearance, glassy eyes, smell of alcohol, slurred speech; BAC 0.26 at hospital blood draw.
- State offered two judgments: 1991 probation-revocation in Hale County and 1989 DWI conviction in Hale County; issues centered on linking the 1989 conviction to Reyes.
- Court held the evidence failed to prove the 1989 conviction and Reyes were the same person beyond a reasonable doubt; only one prior DWI was proven; modification to misdemeanor DWI and remand for punishment hearing were approved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1989 DWI conviction is the same person as Reyes | State linked by name, county, and offense timing | Evidence insufficient to reliably identify Reyes as the 1989 defendant | Insufficient; only one prior DWI proven; modify to misdemeanor DWI and remand |
Key Cases Cited
- Flowers v. State, 220 S.W.3d 919 (Tex.Crim.App. 2007) (proof of prior convictions need not be a specific document; must prove existence beyond reasonable doubt)
- Calton v. State, 176 S.W.3d 231 (Tex.Crim.App. 2005) (prior convictions must be proven during guilt phase in bifurcated trials)
- Bowen v. State, 374 S.W.3d 427 (Tex.Crim.App. 2012) (allows modification to lesser-included offense even if not submitted to jury)
- Jobe v. State, 2012 Tex.App. LEXIS 8478 (Tex.App.—Beaumont 2012) (discusses means of proving same-person prior convictions (LEXIS cites acceptable))
- Littles v. State, 726 S.W.2d 26 (Tex.Crim.App. 1984) (addressed prior-conviction proof standards)
- Zimmer v. State, 989 S.W.2d 48 (Tex.App.—San Antonio 1998) (discusses proof of prior convictions in bifurcated trials)
- Brooks v. State, 323 S.W.3d 893 (Tex.Crim.App. 2010) (standards for legally sufficient evidence)
- Clayton v. State, 235 S.W.3d 772 (Tex.Crim.App. 2007) (standard for reviewing sufficiency of evidence)
- Mosqueda v. State, 936 S.W.2d 714 (Tex.App.—Fort Worth 1996) (premised on lesser-included offenses and proof)