Kody Lee Broxton v. State
03-15-00040-CR
Tex. App.—WacoApr 8, 2015Background
- Appellant Kody Broxton pleaded guilty to three indictments charging state-jail-felony theft of metal (value > $1,500 and < $20,000); sentencing occurred after a bench hearing.
- Sentences: two years' state jail on each count, to run concurrently; no fine imposed.
- Facts: Broxton was caught removing metal from Delta Centrifugal’s yard; stolen material (~$7,000) was recovered from his truck and Broxton admitted to multiple prior thefts from the company.
- Restitution: company claimed $64,000 loss over months but could only tie $7,000 to the arrest; one related restitution issue (cause 03-15-0043-CR) was severed for separate briefing.
- Appellate counsel reviewed clerk and reporter records, found no meritorious appellate issues in these three causes, and filed an Anders brief and motion to withdraw after notifying Broxton of pro se rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indictment sufficiency / jurisdiction | Indictments properly identify Broxton, track Penal Code §31.03(a), state dates within limitations, and therefore vest jurisdiction | Broxton raised no contemporaneous objection; no record argument that indictment was defective | Court: Indictments sufficient; vested trial court with jurisdiction; no reversible error identified |
| Sufficiency of evidence | State relies on Broxton’s open-court guilty plea and judicial confession plus testimony and recovered property to prove all elements beyond a reasonable doubt | Broxton’s admissions and recovery of stolen metal support conviction; no contrary legal theory shown | Court: Evidence legally sufficient; guilty plea and admissions support conviction |
| Sentence length / abuse of discretion | Sentences (2 years state jail) are within statutory range for charged offenses; State recommended concurrent sentences | Broxton offered no showing that imposition of maximum statutory term was disproportionate or an abuse of discretion | Court: Sentences within statutory range; not reversible |
| Admission of punishment evidence | State elicited value testimony; hearsay reference to police report was objected to and sustained; court relied on admissible testimonial evidence including Broxton’s own statements | Defense objected to hearsay; trial court sustained objection and did not rely on that report | Court: No reversible error; improper evidence was not considered |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (appointed counsel must file brief and move to withdraw when no nonfrivolous issues exist)
- Jackson v. Virginia, 443 U.S. 307 (1979) (legal-sufficiency standard viewing evidence in the light most favorable to the verdict)
- Duron v. State, 956 S.W.2d 547 (Tex. Crim. App. 1997) (indictment must identify the statute and facts sufficiently to vest jurisdiction)
- Phynes v. State, 828 S.W.2d 1 (Tex. Crim. App. 1992) (no federal or state constitutional right to appeal; statutory appellate framework applies)
- Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (appellate court duties when counsel seeks to withdraw under Anders)
- Crawford v. State, 617 S.W.2d 925 (Tex. Crim. App. 1980) (a guilty plea admits facts necessary to support conviction)
- Adames v. State, 353 S.W.3d 854 (Tex. Crim. App. 2011) (applying Jackson sufficiency standard)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (procedural obligations when counsel files Anders brief)
