Richard Goodwin v. State
2012 Tex. App. LEXIS 6453
Tex. App.2012Background
- Goodwin, a civilly committed sexually violent predator, was convicted in 2010 of violating the terms of his civil commitment under Tex. Health & Safety Code § 841.085 and sentenced to six years’ imprisonment, probated to two years' community supervision.
- Goodwin’s SVP commitment began after a 2005 finding of sexual predator status and placement in CSOT-supervised facilities.
- He initially resided in a Harris County halfway house with GPS monitoring and transfer to a Travis County facility in October 2009.
- At the Travis County facility, CSOT requirements prohibited possession of razorblades and required adherence to facility rules.
- On January 17, 2010, a shakedown found three razorblades in Goodwin’s possessions; he was indicted for violating CSOT requirements.
- Goodwin filed a habeas petition challenging the transfer as due process violation and moved to suppress the razorblade evidence; the trial court granted habeas but denied suppression; the court then convicted Goodwin based on possession evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict Goodwin | Goodwin argues the evidence does not prove intentional possession or CSOT violation | State contends the evidence, viewed in the light most favorable to the verdict, proves possession and rule violation | Evidence sufficient; conviction affirmed |
| Suppression of evidence as fruit of unlawful detention | Goodwin asserts evidence obtained during unlawful detention should be suppressed | State argues taint dissipates via independent subsequent act and Iduarte controls | Evidence admissible as a subsequent independent act not tainted by unlawful detention |
Key Cases Cited
- Herrin v. State, 125 S.W.3d 436 (Tex. Crim. App. 2002) (verdict upheld if guilt shown under any theory in the indictment)
- Guzman v. State, 188 S.W.3d 185 (Tex. Crim. App. 2006) (weapons-like determination by use rather than object properties)
- Guevara v. State, 152 S.W.3d 45 (Tex. Crim. App. 2004) (circumstantial evidence and concealment support guilt)
- Hopson v. Ex parte, 688 S.W.2d 545 (Tex. Crim. App. 1985) (evidence of used as weapon considerations; deadliness based on use)
- Iduarte v. State, 268 S.W.3d 544 (Tex. Crim. App. 2008) (subsequent independent act taint analysis; Wong Sun doctrine)