Jose Barbontin Salas v. State
13-15-00070-CR
| Tex. App. | Aug 31, 2015Background
- Salas was convicted of evading arrest with a vehicle under Tex. Penal Code §38.04(b).
- Punishment was enhanced to life imprisonment due to habitual felony offender status under Tex. Penal Code §12.42(d).
- State asked venire about ability to consider the maximum sentence; Salas objected to wording but trial court overruled with running objection.
- During trial, Bowen testified Salas was on parole; court instructed jury to disregard; Salas moved for mistrial, denied.
- On appeal Salas contends improper voir dire, improper community-plea argument, and improper mention of parole; court affirms judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voir dire commitment questions improper? | Salas: questions commit jurors to a verdict. | Salas: questions improperly tie facts to verdict. | Questions proper; no abuse of discretion. |
| Improper “conscience of the community” argument? | Salas: argument urged a desired verdict by community. | State: allowed as civic duty; not to demand specific verdict. | Not improper; no reversible error. |
| Curative instruction for parole mention effective? | Salas: curative instruction insufficient. | State: instruction effective; mistrial unnecessary. | Instruction curative; no harm; no new trial. |
Key Cases Cited
- Sanchez v. State, 165 S.W.3d 707 (Tex. Crim. App. 2005) (commitment questions; balance between cause challenges and undue facts)
- Standefer v. State, 59 S.W.3d 177 (Tex. Crim. App. 2001) (proper scope of commitment questions)
- Cardenas v. State, 325 S.W.3d 179 (Tex. Crim. App. 2010) (avoid adding case-specific facts to commitment questions)
- Borjan v. State, 787 S.W.2d 53 (Tex. Crim. App. 1990) (permissible civic-duty argument; not improper if not urging verdict)
- Harris v. State, 122 S.W.3d 871 (Tex. App. – Fort Worth 2003) (community argument allowed if not urging specific verdict)
- Mata v. State, 952 S.W.2d 30 (Tex. App. – San Antonio 1997) (distinguishes improper community argument)
- Bauder v. State, 921 S.W.2d 696 (Tex. Crim. App. 1996) (curative instructions analysis)
- Stine v. State, 300 S.W.3d 52 (Tex. App. – Texarkana 2009) (framework for evaluating curative instructions)