Peralta v. State
2010 Tex. App. LEXIS 9436
| Tex. App. | 2010Background
- Daniel Peralta was convicted of sexually assaulting his wife, with a ten-year sentence and $10,000 fine later suspended to community supervision.
- The conviction was based in part on a videotaped confession given entirely in Spanish and an English translation.
- The State admitted both the Spanish video and the translated transcription at trial over defense objections.
- 911 call and police testimony described repeated anal and vaginal rapes and related injuries.
- A traffic stop led to Peralta’s arrest for sexual assault after a red Camaro matched the description from the scene.
- The defense challenged the confession’s admissibility and sought suppression as fruit of an allegedly unlawful stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Spanish-language confession | Peralta | Peralta | Translation proper under Rule 1009; no contemporaneous translation required; affirmed admission |
| Speed and grounds of traffic stop | Peralta | Peralta | Reasonable suspicion supported stop; no abuse of discretion |
| Ineffective assistance of counsel | Peralta | Peralta | Record insufficient to show deficient performance; not shown to prejudice; affirmed |
| Excited utterance hearsay (Chavez testimony) | Peralta | Peralta | Preserved objection lacking; harmless error; overruled |
| Excited utterance hearsay (Ortiz testimony) | Peralta | Peralta | Waived objection for some statements; remaining evidence harmless; overruled |
Key Cases Cited
- Linton v. State, 275 S.W.3d 493 (Tex.Crim.App. 2009) (standards for evaluating interpretive services and translations)
- Flores v. State, 299 S.W.3d 843 (Tex.App.-El Paso 2009) (translation safeguards; Article 38.30 and Rule 1009 referenced)
- Leal v. State, 782 S.W.2d 844 (Tex.Crim.App. 1989) (foreign-language recordings and Article 38.30 safeguards)
- Guzman v. State, 955 S.W.2d 85 (Tex.Crim.App. 1997) (standard of review for suppression rulings)
- Carmouche v. State, 10 S.W.3d 323 (Tex.Crim.App. 2000) (standard of review and deference to trial court on suppression)