Sanchez v. State
2016 Tex. Crim. App. LEXIS 1044
| Tex. Crim. App. | 2016Background
- In December 2009 Luis Sanchez assaulted Rachael Price multiple times in their shared home, including wrapping a telephone cord around her neck, restricting her breathing. Price reported the incidents and Sanchez was charged.
- The indictment alleged enhancement under Tex. Penal Code § 22.01(b)(2) for assault on someone the actor “has or has had” a dating relationship with (Tex. Fam. Code § 71.0021).
- Sanchez and Price had a dating relationship in mid-2006 and entered a common-law marriage later in 2006; by the time of the 2009 assault they were married.
- At trial (bench), Sanchez was convicted and sentenced for the enhanced third-degree felony (strangulation/suffocation); the court of appeals affirmed.
- Sanchez argued on appeal and discretionary review that the indictment alleged only a dating-relationship enhancement, but the evidence proved a spousal relationship at the time of the assault (not a dating relationship), producing a fatal variance.
- The Court of Criminal Appeals held that the statutory phrase “has or has had a dating relationship” covers a past dating relationship even if the parties were married at the time of the offense, so the enhancement was properly proven.
Issues
| Issue | Sanchez's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the phrase “has or has had a dating relationship” (Tex. Fam. Code § 71.0021) requires the dating relationship to be ongoing at the time of the assault | The indictment alleged only the dating-relationship enhancement; Sanchez was married to Price at the time of the assault, so the State proved a different relationship (spouse), causing a variance fatal to the enhanced charge | The plain text (“has had”) includes past dating relationships at any time; the Legislature omitted any time limit, so past dating suffices for enhancement | The Court held the present-perfect language covers past dating relationships regardless of whether the parties were married at the time of the assault; enhancement may be based solely on a prior dating relationship |
Key Cases Cited
- Sanchez v. State, 460 S.W.3d 675 (Tex. App.—Eastland 2015) (affirming conviction; addressed statutory interpretation of “has or has had” dating relationship)
- State v. Hardy, 963 S.W.2d 516 (Tex. Crim. App. 1997) (statutory interpretation presumes every word has purpose)