Vincent Eric Beasley v. State
426 S.W.3d 140
| Tex. App. | 2012Background
- Beasley was charged with burglary of a habitation with intent to commit sexual assault; the jury found him guilty of sexual assault instead and assessed nine years' confinement.
- The indictment did not allege sexual assault as a separate offense.
- The trial court instructed the jury that, if it could not convict beyond a reasonable doubt of burglary, it could consider the lesser offenses of sexual assault or criminal trespass.
- Evidence showed Beasley entered Bill's apartment without consent and later forced his fingers into Bill's vagina, with an assault occurring after entry.
- The court ultimately reversed and remanded for a new trial on the lesser-included offense of criminal trespass due to improper charges, while also addressing the uncharged sexual assault issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sexual assault was a valid lesser-included offense of burglary | Beasley | Beasley | Sexual assault is not a lesser-included offense of burglary |
| Whether submitting an uncharged offense to the jury violated due process | Beasley | State | Submission of unindicted sexual assault caused egregious harm |
| Whether criminal trespass should have been properly submitted as a lesser-included offense | Beasley | State | Criminal trespass is a valid lesser-included offense; remand for new trial on this offense |
Key Cases Cited
- Hall v. State, 225 S.W.3d 524 (Tex. Crim. App. 2007) (whether an offense is lesser-included depends on elements)
- Langs v. State, 183 S.W.3d 680 (Tex. Crim. App. 2006) (burglary with intent to commit a felony is a distinct offense from the felony itself)
- Ex parte Watson, 306 S.W.3d 259 (Tex. Crim. App. 2009) (test for lesser-included offenses; whether indictment supports lesser offense)
- Woodard v. State, 322 S.W.3d 648 (Tex. Crim. App. 2010) (unobjected charge error analyzed under egregious-harm standard)
- Benavidez v. State, 323 S.W.3d 179 (Tex. Crim. App. 2010) (acquittal considerations when unindicted offense is charged by verdict)
- Adames v. State, 353 S.W.3d 854 (Tex. Crim. App. 2011) (distinguishes notice of unindicted theories from actual theories charged)
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (due-process-notice principle in sufficiency review)