Jerald Mangan v. State

CourtCourt of Appeals of Texas
DecidedSeptember 11, 2019
Docket09-18-00201-CR
StatusPublished

This text of Jerald Mangan v. State (Jerald Mangan 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
Jerald Mangan v. State, (Tex. Ct. App. 2019).

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-18-00201-CR __________________

JERALD MANGAN, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the 356th District Court Hardin County, Texas Trial Cause No. 23212 __________________________________________________________________

MEMORANDUM OPINION

The trial court convicted Jerald Mangan of the second-degree felony offense

of aggravated assault with a deadly weapon following Mangan’s open plea of guilty

and sentenced him to six years of confinement in the Institutional Division of the

Texas Department of Criminal Justice. In one issue on appeal, Mangan challenges

the trial court’s denial of his motion to dismiss the indictment, contending the

indictment is void by failing to incorporate a proper element required by law and

1 “fails to support the validity upon which a conviction could stand.” 1 We affirm the

trial court’s denial of the motion to dismiss the indictment.

Background

A Hardin County grand jury indicted Mangan as follows:

THE GRAND JURORS for the County of Hardin, State of Texas, duly organized as such at the JULY Term, A.D., 2014 of the 88th/356th District Court of Hardin County, Texas, . . . upon oath in said Court present that JERALD DEAN MANGAN hereafter styled the defendant, heretofore on or about AUGUST 22, 2014 Hardin County, Texas; did:

THEN AND THERE INTENTIONALLY AND KNOWINGLY THREATEN [COMPLAINANT] WITH IMMINENT BODILY INJURY BY POINTING A KNIFE AT THE SAID [COMPLAINANT], AND DID THEN AND THERE USE OR EXHIBIT A DEADLY WEAPON, TO-WIT: A KNIFE, DURING THE COMMISSION OF SAID ASSAULT

AGAINST THE PEACE AND DIGNITY OF THE STATE OF TEXAS.

1 The Appellant uses the terms “indictment” and “information” interchangeably in his brief. While either may vest the trial court with jurisdiction, these terms may not be used interchangeably as there is a significant distinction between them. The record reveals the grand jury returned an indictment in this case. The Texas Constitution guarantees criminal defendants the right to indictment by a grand jury for all felony offenses. Riney v. State, 28 S.W.3d 561, 564–65 (Tex. Crim. App. 2000) (citing Cook v. State, 902 S.W.2d 471, 475 (Tex. Crim. App. 1995); Tex. Const. art. I, § 10)); see also Tex. Const. art. 5, § 12(b); Tex. Code Crim. Proc. Ann. arts. 21.01, 21.20 (West 2009) (defining an “indictment” as “[a] written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense” and an “information” as “a written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted”) (emphasis added). 2 The heading of the indictment indicated the offense was “AGG ASLT W/ DW[,]”

noted the Penal Code section as “22.02,” and “F2” for the degree of the offense.

Mangan filed a motion to dismiss the indictment asserting the identical arguments

he raises on appeal. The trial court held a hearing on the motion to dismiss, which

the court denied. Immediately after the hearing on Mangan’s motion to dismiss, the

trial court heard his open plea of guilty. 2 The trial court ordered a pre-sentence

investigation (PSI) report and ultimately sentenced him to six years of confinement.

Our review of the record reveals very limited details pertaining to the incident

which led to the charges against Mangan, the majority of which are contained in the

PSI report. According to the PSI report, Mangan went onto the complainant’s

property, produced a knife, and threatened “to cut him open.”

Standard of Review

We employ a hybrid standard of review when examining a trial court’s denial

of a motion to dismiss an indictment: determinations of historical fact are reviewed

for an abuse of discretion, while the application of those facts to the law and

questions of law are reviewed de novo.3 Farrakhan v. State, 263 S.W.3d 124, 130–

31 (Tex. App.—Houston [1st Dist.] 2006, pet. granted) aff’d 247 S.W.3d 720 (Tex.

2 Mangan pleaded guilty to two separate offenses during the same hearing. 3 In his brief, Mangan contends the trial court “abused his discretion.” 3 Crim. App. 2008) (citing State v. Moff, 154 S.W.3d 599, 601 (Tex. Crim. App.

2004)). How much deference appellate courts give a trial court’s ruling depends

upon which “judicial actor” is better situated to decide the issue. Moff, 154 S.W.3d

at 601 (citing Guzman v. State, 955 S.W.2d 85, 89 (Tex. Crim. App. 1997)). Because

this case does not involve an issue of historical fact, we conduct a de novo review.

See id.

Analysis

Mangan asserts the indictment here is void in that it fails to specify that the

manner in which Mangan used the knife rendered it capable of causing serious bodily

harm, and accordingly, constitutes “at most” a Class A misdemeanor. Assuming

without deciding that the wording of this indictment only charges a misdemeanor, it

does not render the indictment void.

To meet the constitutional definition of “indictment” and vest the court with

personal and subject matter jurisdiction, the indictment must: (1) charge a person;

and (2) charge the commission of an offense. Jenkins v. State, No. PD-0086-18, 2018

WL 6332219, at *3 (Tex. Crim. App. Dec. 5, 2018) (citing Tex. Const. art. V, §

12(b)). Even an indictment with a substantive defect can still qualify as one that vests

the trial court with jurisdiction. Id. (citing Studer v. State, 799 S.W.2d 263, 271 (Tex.

Crim. App. 1990)). An indictment is sufficient if it

4 charges the commission of the offense in ordinary and concise language in such a manner as to enable a person of common understanding to know what is meant, and with that degree of certainty that will give the defendant notice of the particular offense with which he is charged, and enable the court, on conviction, to pronounce the proper judgment[.]

Tex. Code Crim. Proc. Ann. art. 21.11 (West 2009).

Courts must look to the indictment as a whole, not just its specific formal

requisites to assess its validity. See Jenkins, 2018 WL 6332219, at *4; Kirkpatrick

v. State, 279 S.W.3d 324, 328 (Tex. Crim. App. 2009); Teal v. State, 230 S.W.3d

172, 180 (Tex. Crim. App. 2007). An indictment, as a whole, which is “sufficient to

vest the district court with subject-matter jurisdiction and give the defendant notice

that the State intended to prosecute him for a felony offense” will stand. See Jenkins,

2018 WL 6332219, at *4 (quoting Teal, 230 S.W.3d at 182). In this analysis, the

courts may look to the heading of the charging instrument and whether the

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Teal v. State
230 S.W.3d 172 (Court of Criminal Appeals of Texas, 2007)
State v. Moff
154 S.W.3d 599 (Court of Criminal Appeals of Texas, 2004)
Farrakhan v. State
263 S.W.3d 124 (Court of Appeals of Texas, 2007)
Riney v. State
28 S.W.3d 561 (Court of Criminal Appeals of Texas, 2000)
Farrakhan v. State
247 S.W.3d 720 (Court of Criminal Appeals of Texas, 2008)
Kirkpatrick v. State
279 S.W.3d 324 (Court of Criminal Appeals of Texas, 2009)
Cook v. State
902 S.W.2d 471 (Court of Criminal Appeals of Texas, 1995)
Studer v. State
799 S.W.2d 263 (Court of Criminal Appeals of Texas, 1990)
Guzman v. State
955 S.W.2d 85 (Court of Criminal Appeals of Texas, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
Jerald Mangan v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerald-mangan-v-state-texapp-2019.