Wingfield, Anthony Bernard
PD-1618-15
| Tex. App. | Dec 15, 2015Background
- Wingfield was indicted for assault causing bodily injury to a person he had a dating relationship with (Angela Dickerson) with an enhancement alleging a prior conviction for a family-violence-related offense; he pleaded not guilty.
- The State offered a two-year TDCJ plea deal in open court available until October 10, 2013; the prosecutor later withdrew the offer before the defendant entered the plea.
- The alleged victim, Angela Dickerson, gave multiple inconsistent accounts (including admissions that she struck Wingfield first and that versions differed in written statements) and executed an affidavit of non‑prosecution.
- The defense moved for directed verdict and argued the State’s exhibit proving the prior conviction showed “no finding of family violence,” undermining the enhancement required for the felony family‑violence charge.
- The trial court denied the motion to quash (vindictive prosecution) and denied the directed verdict; Wingfield was convicted and sentenced to 45 years. The Seventh Court of Appeals affirmed; Wingfield petitioned the Court of Criminal Appeals for discretionary review.
Issues
| Issue | Plaintiff's Argument (Wingfield) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence that Wingfield "struck" victim causing bodily injury | Evidence is insufficient because the victim gave multiple inconsistent versions and other witnesses did not see an assault; a rational juror could not find guilt beyond a reasonable doubt | The record contains testimony that Wingfield punched the victim and other supporting evidence sufficient for a jury to convict | Trial court denied directed verdict; conviction affirmed on appeal (petitioner seeks review) |
| Sufficiency of proof that prior conviction was a qualifying family‑violence offense (enhancement) | State’s exhibit establishing the prior conviction shows "no finding of family violence," so the enhancement element is unproven and felony conviction is unsupported | The State contends the prior conviction suffices to support the enhancement as alleged in the indictment | Trial court rejected defense challenge; conviction and enhancement stood on appeal (issue raised for review) |
| Vindictive prosecution / breach of plea offer | The State promised the two‑year plea would remain open until Oct 10; Wingfield accepted before that date; the State’s withdrawal was vindictive and violated due process | The State can withdraw offers prior to court approval; plea offers are not binding until accepted and approved by the court | Trial court denied motion to quash; appellate courts did not grant relief (petitioner seeks review) |
Key Cases Cited
- Edison v. State, 235 S.W.3d 303 (Tex. App. 2008) (indictment allegations descriptive of essential elements)
- Mitchell v. State, 102 S.W.3d 773 (Tex. App. 2003) (elements and proof requirements)
- Weaver v. State, 551 S.W.2d 419 (Tex. Crim. App. 1977) (indictment and element pleading)
- Franklin v. State, 659 S.W.2d 831 (Tex. Crim. App. 1983) (elemental pleading analysis)
- Taylor v. State, 637 S.W.2d 929 (Tex. Crim. App. 1982) (indictment must allege legally essential facts)
- Sieffert v. State, 501 S.W.2d 124 (Tex. Crim. App. 1973) (pleading and proof rules)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of the evidence)
- Mason v. State, 905 S.W.2d 570 (Tex. Crim. App. 1995) (applying Jackson standard)
- Johnson v. State, 43 S.W.3d 1 (Tex. Crim. App. 2001) (insufficient evidence undermines confidence in verdict)
- Dorsey v. State, 55 S.W.3d 227 (Tex. App. 2001) (plea offer bindingness discussion)
- State v. Moore, 240 S.W.3d 248 (Tex. Crim. App. 2007) (plea offers and court approval)
- Ex parte Williams, 637 S.W.2d 943 (Tex. Crim. App. 1982) (plea negotiation principles)
- Mabry v. Johnson, 467 U.S. 504 (U.S. 1984) (due process concerns in plea bargaining and vindictiveness)
