Mathis, John Kent v. State
397 S.W.3d 332
| Tex. App. | 2013Background
- Mathis convicted of sexual assault of his girlfriend’s 14-year-old daughter; DNA evidence linked appellant to semen on the victim’s anal swab; victim testified to vaginal and anal contact; appellant provided a statement to police claiming intoxication and lack of memory; trial court sentenced him to probation with conditions including payment of SCRAM costs; issues on evidence sufficiency, evidentiary rulings, and probation conditions; court sustained complaint regarding SCRAM cost and modified judgment accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of the evidence | Mathis | Mathis | Evidence sufficient |
| Cross-examination limitation on prior sexual assault allegations | Mathis claimed Sixth Amendment violation | State argued evidence was collateral and not properly preserved | Issue waived/preserved; no reversible error (evidentiary ruling sustained) |
| Timberlawn medical records admission | Records relevant to J.P.’s mental state | Records irrelevant; not properly authenticated | Exclusion affirmed; no error |
| Attorney’s fees as a probation condition | Indigence; Mayer precedent on fees | Fees not preserved for review; Mayer inapplicable to probation context | Not preserved; affirmed without reconsideration on fees |
| SCRAM device costs as probation condition | Indigent defendant should not bear SCRAM costs | SCRAM requirement proper; costs cannot be borne by defendant when indigent | SCRAM costs improper; judgment modified to delete cost-shift; wear requirement maintained |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for evidence)
- Wesbrook v. State, 29 S.W.3d 103 (Tex. Crim. App. 2000) (jury credibility and weight of witnesses; standard of review)
- Tear v. State, 74 S.W.3d 555 (Tex. App.—Dallas 2002) (child sexual assault sufficiency; admissibility considerations)
- Virts v. State, 739 S.W.2d 25 (Tex. Crim. App. 1987) (admissibility of evidence reflecting mental illness; impeachment)
- Speth v. State, 6 S.W.3d 530 (Tex. Crim. App. 1999) (probation conditions; contractual nature of probation)
- Mayer v. State, 309 S.W.3d 552 (Tex. Crim. App. 2010) (preservation of error for probation conditions; attorney’s fees)
- LeBlanc v. State, 908 S.W.2d 573 (Tex. App.—Fort Worth 1995) (abuse of discretion standard for probation conditions)