James Felton Williams v. State

• Court: Court of Appeals of Texas
• Decided: February 25, 2009
• Docket: 06-08-00135-CR
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-08-00135-CR ______________________________

JASON FELTON WILLIAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court No. F08-00007-WKU

Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION

James Felton Williams appeals his conviction of infliction of serious bodily injury to a six-

month-old boy, R.H.1 R.H. died while being treated for the injuries he sustained. Williams was

sentenced to fifty years' imprisonment in the Texas Department of Criminal Justice–Correctional

Institutions Division, and was ordered to pay a $10,000.00 fine.2

Williams raises three points on appeal wherein he alleges: (1) the evidence was legally and

factually insufficient to support the conviction; (2) the jury charge was defective; and (3) he was

deprived of the effective assistance of counsel because his trial counsel's failure to object to the jury

charge constituted ineffective assistance of counsel.

1 This case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX . GOV 'T CODE ANN . § 73.001 (Vernon 2005). We are unaware of any conflict between precedent of the Fifth Court of Appeals and that of this Court on any relevant issue. See TEX . R. APP . P. 41.3. 2 There is a companion case to this (our cause number 06-08-00134-CR) which regards the serious injury inflicted by Williams on the twenty-three-month-old sister of the victim here. Williams was sentenced to forty years' imprisonment, to run concurrently with the sentence in this case, plus a $10,000.00 fine. Williams was tried for both cases in a single proceeding.

2 Because the issues raised in each appeal are identical, for the reasons stated in our opinion

dated this day in Williams v. State, cause number 06-08-00134-CR, we affirm the judgment of the

trial court.

Jack Carter Justice

Date Submitted: February 19, 2009 Date Decided: February 25, 2009

Do Not Publish