Yates v. State
370 S.W.3d 772
Tex. App.2012Background
- Yates abducted the victim at gunpoint in New Boston, Texas, and forced her into his truck.
- He drove to a dirt road under the Highway 8 bridge over the Red River and sexually assaulted the victim four times.
- The victim was released near her home in New Boston after the assaults.
- Yates was indicted in Bowie County on four counts of aggravated sexual assault and one count of aggravated kidnapping with a deadly weapon.
- The jury convicted Yates on all counts, and the trial court sentenced him to concurrent life terms.
- Yates appeals, challenging Texas jurisdiction and the sufficiency of the evidence that the offenses occurred in Texas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Texas has territorial jurisdiction | Yates argues situs outside Texas and asks for judicial notice. | Yates contends the offense situs is outside Texas and evidence is insufficient. | Texas has jurisdiction because a deadly weapon was used in Texas during the episode. |
| Whether there is sufficient evidence that the assaults occurred in Texas | Yates contends the offenses did not occur in Texas. | Yates argues insufficient Texas-based evidence of situs. | There is conclusive evidence that the deadly-weapon element occurred in Texas; appellate rejection of challenge. |
Key Cases Cited
- Burns v. State, 728 S.W.2d 114 (Tex.App. Houston [14th Dist.] 1987) (defines criminal episode for deadly weapon evidence)
- Gaudette v. State, 713 S.W.2d 206 (Tex.App.-Tyler 1986) (deadly weapon evidence admissibility in same episode)
- Rodriguez v. State, 146 S.W.3d 674 (Tex.Crim.App. 2004) (conduct or result may establish territorial jurisdiction)
- Torres v. State, 141 S.W.3d 645 (Tex. App.-El Paso 2004) ( Florida? (implied) jurisdiction analysis for territorial reach)