Richard Douglas Bailey v. State
05-14-00886-CR
| Tex. App. | Jun 2, 2015Background
- On July 10, 2012, police responding to a disturbance at an elementary school parking lot searched a Tahoe Bailey was driving and found a loaded .380 pistol in a closed rear compartment. Bailey was handcuffed and arrested at the scene.
- The gun was identified by Jaileigh Glover, a former girlfriend, as her stolen .380; she had last seen it in her apartment hall closet and filed a stolen-gun report before the police stop.
- Bailey admitted a prior felony conviction and that the incident occurred within 300 feet of a school (weapon-free zone); he denied knowing the gun was in the Tahoe or stealing it.
- The trial court (bench trial) convicted Bailey of theft of a firearm and unlawful possession of a firearm by a felon in a weapon-free zone; punishments assessed: 1 year and 4 years, respectively.
- On appeal Bailey challenged (1) legal sufficiency of the evidence supporting the convictions and (2) admission at punishment of three misdemeanor convictions based on pre‑1996 conduct.
- The Court of Appeals modified the written judgments to delete incorrect plea-bargain language, and as modified affirmed the convictions.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Bailey) | Held |
|---|---|---|---|
| Sufficiency of evidence to support theft and felon-in-possession convictions | Evidence (Glover's ID of gun, prior taking in 2011, Bailey's inconsistent statements, gun in Tahoe Bailey controlled) permitted rational factfinder to infer unlawful appropriation and knowing possession | Evidence insufficient: Bailey did not knowingly possess the gun or intend to deprive Glover; ownership and possession facts disputed | Affirmed: Viewing evidence in light most favorable to verdict, factfinder could reasonably find intent to deprive (theft) and knowing possession (felon-in-possession in a school zone) beyond a reasonable doubt |
| Admissibility at punishment of misdemeanor convictions from pre‑1996 conduct | The complained-of convictions were adult convictions and thus admissible as prior adult convictions for sentencing purposes | Section 3(i) of art. 37.07 bars pre‑1996 juvenile adjudications for misdemeanors; Bailey argued it precluded these convictions | Affirmed: Section 3(i) governs juvenile adjudications, not adult convictions; trial court did not abuse discretion admitting adult misdemeanors |
| Reformation of written judgments | N/A (court) | Bailey pointed out clerical errors showing plea-bargain language inconsistent with record | Modified judgments to remove erroneous "Terms of Plea Bargain" language; as modified, judgments affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (established constitutional standard for appellate review of sufficiency)
- Matlock v. State, 392 S.W.3d 662 (Tex. Crim. App. 2013) (applies Jackson standard in Texas)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (circumstantial evidence can be sufficient)
- Wise v. State, 364 S.W.3d 900 (Tex. Crim. App. 2012) (inferences examined cumulatively for sufficiency)
- Chambers v. State, 805 S.W.2d 459 (Tex. Crim. App. 1991) (factfinder decides witness credibility)
- Moon v. State, 451 S.W.3d 28 (Tex. Crim. App. 2014) (juvenile jurisdiction and definition of "child")