Robert Wayne Rollins v. State
01-14-00768-CR
| Tex. App. | Nov 16, 2015Background
- On Nov. 11, 2013 Officer Gregory Parris, in uniform in a marked unit, initiated a traffic stop of Robert Rollins for loud music; Rollins delayed stopping, handed over a bag he said was marijuana, and refused orders to exit the vehicle.
- A physical struggle ensued when Parris pulled Rollins from the car; Rollins repeatedly rose from the ground and fought the officer until tased and handcuffed; Parris sustained knee injuries requiring surgery and testified to loss of strength.
- Drugs (cocaine and meth) were found near the vehicle; Rollins admitted possession of marijuana and codeine syrup and acknowledged outstanding warrants and prior felony drug convictions.
- Rollins was convicted of assault on a public servant (bodily injury) and sentenced to 28 years; he appealed raising eight issues including sufficiency of the evidence, jury unanimity/charge defects, omission of a statutory presumption instruction, alleged lost exhibit, and multiple ineffective-assistance claims.
- The State argues the evidence (video, testimony, injuries, and drug evidence) supports reckless/knowing causation of bodily injury, any jury-charge problems were harmless (or described alternate means of one offense), the presumption issue was harmless because the fact was undisputed, the exhibit was not lost, and counsel’s omissions were reasonable trial strategy.
Issues
| Issue | Rollins' Argument | State's Argument | Held |
|---|---|---|---|
| 1. Sufficiency of evidence to prove assault causing bodily injury | Evidence insufficient to show Rollins intentionally/knowingly/recklessly caused Parris’s injuries | Video + testimony show Rollins actively resisted, struggled, and recklessly caused injury; reasonable jurors could infer causation | Evidence sufficient; conviction supported (jury could infer recklessness caused injury) |
| 2. Jury unanimity / disjunctive charge | Disjunctive charge listed alternate means, denying unanimous finding on the specific act | Alternatives were manner/means of a single result-oriented offense; unanimity not required on manner/means | No unanimity error; one offense charged with alternative means |
| 3. Omission of §2.05(a)(2) instruction after presumption (peace officer) | Failure to include required instruction on presumptions harmed Rollins | The fact Officer Parris was on-duty and in uniform was undisputed; omission harmless beyond a reasonable doubt | Omission harmless; no reversible error |
| 4. Alleged lost exhibit / Rule 34.6(f)(4) relief | Court reporter thought a key exhibit was lost, entitling Rollins to new trial | Exhibit was admitted and later located in reporter’s exhibit closet; verification hearing confirmed authenticity | No lost evidence; no new-trial relief |
| 5. Failure to request self-defense instruction (IAC) | Trial counsel ineffective for not requesting self-defense | Rollins never admitted the conduct in a way that would support self-defense; defense focused on negating mens rea; omission reasonable strategy | Not entitled to instruction; no Strickland relief |
| 6. Failure to request voluntariness/accident instruction (IAC) | Counsel ineffective for not requesting voluntariness instruction | Rollins testified he was in control; no evidence of involuntary conduct; no entitlement | Not entitled; no Strickland relief |
| 7. Failure to request lesser‑included offense (resisting arrest) (IAC) | Counsel ineffective for not requesting lesser offense | Evidence did not support guilt only for resisting; defense strategy to force all-or-nothing verdict was reasonable | Not entitled; strategic decision; no Strickland relief |
| 8. Failure to object to admission of drugs (IAC) | Counsel ineffective for failing to object to drug evidence | Drugs were admissible to show motive/rebut defense; probative value outweighed prejudice; limiting instruction given | Admission proper; even if error, no prejudice shown; no Strickland relief |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of evidence)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong test for ineffective assistance of counsel)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (circumstantial evidence and reasonable inference standard)
- Gear v. State, 340 S.W.3d 743 (Tex. Crim. App. 2011) (Jackson sufficiency framework cited)
- Lofton v. State, 45 S.W.3d 649 (Tex. Crim. App. 2001) (resisting can recklessly cause bodily injury to officer)
- Aguirre v. State, 732 S.W.2d 320 (Tex. Crim. App. 1987) (disjunctive pleading/charge on alternative means of one offense)
- Landrian v. State, 268 S.W.3d 532 (Tex. Crim. App. 2008) (unanimity requirement and alternative manner/means analysis)
- Gigliobianco v. State, 210 S.W.3d 637 (Tex. Crim. App. 2006) (Gigliobianco factors for Rule 403 balancing of evidence)