Rushing, Brandon Gene
353 S.W.3d 863
Tex. Crim. App.2011Background
- Rushing was convicted of aggravated sexual assault of a child in 2006, alongside other sex offenses.
- At sentencing, the State sought an automatic-life enhancement under Penal Code 12.42(c)(2)(B)(v) using Rushing's prior UCMJ convictions for carnal knowledge and indecent acts with a child.
- Section 12.42(c)(2)(B)(v) provides life sentence if prior convictions exist under the laws of another state with substantially similar elements.
- The Court of Appeals held that UCMJ convictions qualify as convictions under the laws of another state, applying Government Code 311.005(7) definition of 'state.'
- This Court granted review to determine the proper scope of 'under the laws of another state' for 12.42(c)(2)(B)(v).
- The Court affirmatively held that UCMJ convictions fall within 'convictions under the laws of another state' for purposes of the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether UCMJ convictions count as 'convictions under the laws of another state' for 12.42(c)(2)(B)(v) | Rushing contends UCMJ is not 'the laws of another state'. | UCMJ applies everywhere; Government Code 311.005(7) defines 'state' to include areas under US authority, so UCMJ convictions qualify. | Yes; UCMJ convictions are within 'the laws of another state' for enhancement. |
| Proper interpretation of Government Code 311.005(7) in applying 12.42(c)(2)(B)(v) | Definition should not expand to include UCMJ under this context. | Section 311.005(7) applies, and 'area subject to the legislative authority of the United States' includes UCMJ. | 311.005(7) applies; UCMJ convictions are included. |
Key Cases Cited
- Boykin v. State, 818 S.W.2d 782 (Tex. Crim. App. 1991) (statutory construction principles guiding interpretation)
- State v. Vasilas, 187 S.W.3d 486 (Tex. Crim. App. 2006) (application of Code Construction Act definitions)
- Grunsfeld v. State, 843 S.W.2d 521 (Tex. Crim. App. 1992) (interpretation of 'includes' and 'including')
- Lopez v. State, 253 S.W.3d 680 (Tex. Crim. App. 2008) (interpretation under Government Code Construction Act)
- Prudholm v. State, 333 S.W.3d 590 (Tex. Crim. App. 2011) (context for 12.42(c)(2)(B)(v) analysis)