Trenton McVel Williams v. State
11-13-00229-CR
| Tex. App. | Aug 21, 2015Background
- Appellant Trenton McVel Williams was convicted by a jury of aggravated assault with a deadly weapon (knife) and sentenced to 15 years’ imprisonment. Trial court: 238th District Court, Midland County, Cause No. CR41145.
- Incident: a nighttime confrontation in a motel parking lot involving Williams, Justin Derese, and Ethan Zeese; a physical fight occurred and Zeese sustained a head injury.
- Prosecution alleged Williams stabbed Zeese with a knife; witnesses (Zeese, Derese, and police) testified they observed or believed a knife caused the wound; surveillance video shows the fight but does not clearly show a knife.
- Williams testified he did not possess or use a knife and (mostly) denied touching Zeese, though he at one point answered “yes” when asked whether he “attacked Mr. Zeese.”
- The trial court refused Williams’s requested jury instruction on the lesser-included offense of simple assault causing bodily injury (assault without use of a deadly weapon).
- The Eleventh Court of Appeals reversed and remanded for a new trial, concluding the lesser-included instruction should have been given and the omission caused harm under Almanza.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Williams) | Held |
|---|---|---|---|
| Whether trial court erred by denying requested jury instruction on lesser-included offense (simple assault) | No; Williams largely denied committing any assault on Zeese, so he did not produce evidence entitling him to lesser instruction | Williams argued there was some evidence (his denial of knife use, video lacking visible knife, witness dispute) that a jury could convict only of simple assault | Reversed — court held some evidence supported the lesser offense and the trial court erred in denying the instruction; harm found under Almanza |
Key Cases Cited
- Rousseau v. State, 855 S.W.2d 666 (Tex. Crim. App. 1993) (announces two-step test for lesser-included offense instructions)
- Aguilar v. State, 682 S.W.2d 556 (Tex. Crim. App. 1985) (lesser-included offense principles)
- Goad v. State, 354 S.W.3d 443 (Tex. Crim. App. 2011) (anything more than a scintilla of evidence entitles defendant to lesser charge)
- Lofton v. State, 45 S.W.3d 649 (Tex. Crim. App. 2001) (a defendant’s complete denial of committing the offense does not, alone, require a lesser-included instruction)
- Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1985) (harm analysis for jury-charge error)