Guidry v. State

883 S.W.2d 275, 1994 Tex. App. LEXIS 1637, 1994 WL 319755
CourtCourt of Appeals of Texas
DecidedJuly 7, 1994
DocketNos. 13-93-109-CR, 13-93-110-CR, and 13-93-111-CR
StatusPublished
Cited by1 cases

This text of 883 S.W.2d 275 (Guidry v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guidry v. State, 883 S.W.2d 275, 1994 Tex. App. LEXIS 1637, 1994 WL 319755 (Tex. Ct. App. 1994).

Opinion

OPINION

KENNEDY, Justice.

Gary Guidry. pled guilty without a plea bargain to two aggravated robberies and one aggravated sexual assault. The court sentenced him to three consecutive life sentences. By two points of appeal, he challenges the stacking of the sentences. We modify the judgment and, as modified, affirm.

At punishment, a psychologist called by Guidry opined that Guidry has an antisocial personality. The source of'that personality is uncertain. Whether it stemmed from genetics, inconsistent discipline, family dysfunction, or sexual abuse by a mentally retarded older brother, the personality was entrenched by the time he committed these offenses. Guidry was an arrested adolescent, letting no one and nothing stand between, him and what he wanted. He had committed a number of crimes ranging from shoplifting to car theft to aggravated robbery throughout his teen years. He also used drugs and alcohol, including on the night he began his spree in Corpus Christi.

In November 1992, at age 19, Guidry decided to travel from his home in Houston. [276]*276He stole a car in Dickinson. He drove to Corpus Christi, stealing gasoline three times on the way. In the early morning he entered a convenience store on North Padre Island. When the female clerk, who was working alone, came from behind the counter to assist Guidry, he put his arm around her neck, displayed a knife, and told her not to do anything or he would hurt her. He took her to the cash register and got money.

He then took her with him, but told her he would not hurt her unless she tried something. He forced her into the car and drove toward Flour Bluff on the mainland. After crossing the bridge over the intracoastal canal, he pulled over in an unlit area. He ordered her out of the car and told her to remove her clothes or he would hurt her. He forced her back into the car and raped her. He then told her to get out of the car. He took off, and she walked back to her store.

Meanwhile, he travelled back into Corpus Christi proper and wrecked the ear on the freeway. He fled the scene and hid on top of a school building until the sun rose. Police found a knife and clothing in the car. Guidry then walked to a motel and checked in. He bought another knife, went back to the motel, and ate.

That afternoon he walked to a hospital parking lot. A woman drove up and parked. As she got out of her ear, Guidry approached her with the knife, told her to get back into the car, grabbed the keys, and drove off while holding the knife against the woman. He asked for directions to the freeway. When traffic stopped the car, she escaped. Guidry tried to escape on foot, but was caught. Guidry confessed to committing the three crimes. The State asked that the court sentence Guidry to two concurrent life terms for the first offenses. For the third offense, the State also requested a life term to run consecutively to the other two.

The court sentenced Guidry to three life terms, and found that none of the offenses were in the same criminal episode. This conclusion caused the court to sentence Gui-dry to three consecutive life terms.

Guidry contends that the court erred in cumulating his sentences. Generally, when a defendant has multiple convictions pending, the court has the discretion to cumulate the sentences of the second and subsequent offenses. Tex.Code Ceim:.Proc.Ann. art. 42.-08(a) (Vernon Supp.1994). This general discretion is limited whenever multiple offenses arising from a single criminal episode are tried in a single criminal action; in such cases, the court cannot order cumulated sentences. Tex.Penal Code Ann. § 3.03 (Vernon 1974).

The parties agree that the crimes were tried in a single criminal action. We must therefore determine whether the offenses were committed in a single criminal episode. A “criminal episode” means the commission of two or more offenses regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances: (1) the offenses are part of the same transaction or are pursuant to two or more transactions that are connected or constitute a common scheme or plan, or (2) the offenses are the repeated commission of the same or similar offense. TexPenal Code Ann. § 3.01 (Vernon Supp.1994). We evaluate the sentencing for an abuse of discretion. See Alvarado v. State, 840 S.W.2d 442, 442 (Tex.Crim.App.1992).

We find that the crimes involving the convenience store clerk fall under the first definition in Penal Code § 3.01.

Opinions written on this issue since the first subsection was added in 1987 are scarce. Those published deal with the interpretation of other segments of § 3.01 or other sections of Chapter 3. See Duran v. State, 844 S.W.2d 745, 746 (Tex.Crim.App.1992) (convictions for possession of cocaine and marihuana not shown to be in same criminal action); Alvarado, 840 S.W.2d at 442 (defining single criminal action, not episode, under 3.03); Sanchez v. State, 813 S.W.2d 610, 612 (Tex.App.—Houston [1st Dist.] 1991, pet. ref'd) (allowing concurrent, not consecutive, sentences for multiple crimes accepted as being in a single criminal episode). One case interprets the relevant subsection to find a single criminal episode, with the only factual exposi[277]*277tion being that “[t]he two occurrences leading to appellant’s convictions for sexual assault and aggravated robbery took place within minutes of each other, and were pursuant to the same criminal transaction.” Kela v. State, 786 S.W.2d 81, 82 (Tex.App.—San Antonio 1990, pet. ref'd).

This temporal focus picks up a thread from a line of cases connected to the now-abandoned carving doctrine. See Rubino v. Lynaugh, 770 S.W.2d 802, 804 (Tex.Crim.App.1989).1 In Rubino, the defendant abducted the victim and told him he was driving him to a grave. Id. at 803. When the victim jumped out of the car and tried to escape, the defendant shot at him within 30 seconds. Id. The court found that the kidnapping was in the same criminal transaction, an uninterrupted series of assaultive events, as the attempted murder. Id. at 805. The court had earlier found separate crimes when a defendant who raped a victim many times over the course of several days’ forced travel to different counties. Douthit v. State, 482 S.W.2d 155, 161 (Tex.Crim.App.1971). The court defined this as a “single continuous assaultive action during which several other transactions and completed crimes occurred.” Id. The court also found separate crimes when a defendant robbed a victim at gunpoint, then took her to a back room and raped her. Ex parte Caldwell, 537 S.W.2d 265 (Tex.Crim.App.1976). The Rubino court dismissed Caldwell as an anomaly. Rubino, 770 S.W.2d at 805.

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Related

Guidry v. State
909 S.W.2d 584 (Court of Appeals of Texas, 1996)

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883 S.W.2d 275, 1994 Tex. App. LEXIS 1637, 1994 WL 319755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guidry-v-state-texapp-1994.