Travis James Rogers v. State
12-16-00228-CR
| Tex. App. | Apr 5, 2017Background
- Appellant Travis James Rogers was tried for aggravated sexual assault of a disabled person based on testimony that he touched J.J.’s vagina while she hugged him after accepting a ride; J.J. was 17 at the time.
- Eyewitness Michael Spier observed the embrace, saw the woman’s hands hanging non‑responsively and the man’s hand inside her pants, and reported that J.J. appeared to have "special needs."
- J.J. exhibited distraught behavior at the scene and during transport; she has epilepsy, takes medication, and school records classify her as autistic / having pervasive developmental disorder.
- Expert and school personnel testified J.J. has below‑average intelligence, difficulty with verbal instructions and abstract thinking, and needed assistance during a forensic interview to identify the body part touched.
- The jury found Rogers guilty and sentenced him to 11 years; on appeal Rogers challenged (1) legal sufficiency of evidence that J.J. was a "disabled individual" and (2) an error in the trial court judgment listing his plea as "guilty" instead of "not guilty."
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Rogers) | Held |
|---|---|---|---|
| Sufficiency of evidence that complainant was a "disabled individual" under Tex. Penal Code §22.021(b)(3) | Evidence (medical, school records, officer/CAC testimony, eyewitness observations) shows J.J. had mental/physical defects (epilepsy, encephalopathy, PDD) making her substantially unable to protect herself | Evidence shows J.J. was functional; State failed to prove she was substantially unable to protect herself from harm | Affirmed: Evidence legally sufficient for jury to conclude J.J. was a disabled individual and that Rogers committed the charged offense |
| Trial court judgment incorrectly states plea as "guilty" when record shows plea was "not guilty" | — (State concedes the judgment error) | Judgment must be corrected to reflect actual plea | Sustained: Court modified judgment to replace "Guilty" with "Not Guilty" in plea field and affirmed as modified |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for sufficiency review)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (deference to jury on credibility and inferences; circumstantial evidence probative)
- Morgan v. State, 365 S.W.3d 706 (Tex. App.—Texarkana 2012) (no pet.) (upholding aggravated sexual assault conviction where mental disease could prevent complainant protecting himself)
- Ingram v. State, 261 S.W.3d 749 (Tex. App.—Tyler 2008) (authority to modify judgment to reflect truth)
- Davis v. State, 323 S.W.3d 190 (Tex. App.—Dallas 2008) (pet. ref'd) (appellate authority to reform judgments)