Kelvin Karl Miles v. the State of Texas

CourtCourt of Appeals of Texas
DecidedAugust 10, 2023
Docket13-22-00326-CR
StatusPublished

This text of Kelvin Karl Miles v. the State of Texas (Kelvin Karl Miles v. the State of Texas) 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
Kelvin Karl Miles v. the State of Texas, (Tex. Ct. App. 2023).

Opinion

NUMBER 13-22-00326-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

KELVIN KARL MILES, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 117th District Court of Nueces County, Texas.

MEMORANDUM OPINION

Before Justices Tijerina, Silva, and Peña Memorandum Opinion by Justice Peña

Appellant Kelvin Karl Miles appeals his conviction for aggravated assault with a

deadly weapon, a second-degree felony. See TEX. PENAL CODE ANN. §§ 22.01(a)(2),

22.02(a)(2). Following a bench trial, the trial court found Miles guilty and sentenced him

to three years’ imprisonment. In one issue, Miles argues that there is legally insufficient evidence that he used or exhibited a deadly weapon during the commission of the assault.

We affirm.

I. BACKGROUND

A grand jury returned an indictment alleging that Miles “intentionally and knowingly

threaten[ed] Diana Garcia with imminent bodily injury by brandishing a large knife and/or

machete” while “us[ing] or exhibit[ing] a deadly weapon[.]” See id. Miles pleaded not

guilty, and the case proceeded to trial, at which the following evidence was adduced.

Garcia and her long-time partner Jose Sanchez reside in Corpus Christi, Texas.

Miles, the couple’s next-door neighbor, has harassed and threatened them on many

occasions. As a result, they have built a fence, installed surveillance cameras, and placed

no trespassing signs. On the date in question, Miles approached Garcia in her front yard,

coming as close as ten feet. Miles screamed that he was going to kill Garcia and her

family, while waving and pointing a machete at her. Garcia, fearing for her life,

immediately went inside her house and called the police.

Officer George Alvarez with the Corpus Christi Police Department was dispatched

to Garcia’s residence. The trial court admitted body-cam footage showing his interaction

with Garcia and another neighbor. In the video, Garcia and the unidentified neighbor both

told officers that Miles had a machete. The neighbor indicated the length of the machete

with her hands, suggesting it was approximately two feet long. Miles remained in his

house throughout the encounter, and the officers did not recover a weapon. Days later,

officers returned to Miles’s residence with an arrest warrant and took him into custody.

The trial court found Miles guilty. This appeal followed.

2 II. STANDARD OF REVIEW & APPLICABLE LAW

“Under the Due Process Clause, a criminal conviction must be based on legally

sufficient evidence.” Harrell v. State, 620 S.W.3d 910, 913 (Tex. Crim. App. 2021) (citing

Murray v. State, 457 S.W.3d 446, 448 (Tex. Crim. App. 2015)). Evidence is legally

sufficient if “any rational trier of fact could have found the essential elements of the crime

beyond a reasonable doubt.” Joe v. State, 663 S.W.3d 728, 732 (Tex. Crim. App. 2022)

(citing Jackson v. Virginia, 443 U.S. 307, 319 (1979)). Under a legal sufficiency review,

we view the evidence in the light most favorable to the verdict, while recognizing that

“[t]he trier of fact is responsible for resolving conflicts in the testimony, weighing the

evidence, and drawing reasonable inferences from basic facts to ultimate facts.” Id. at

731–32.

We measure the evidence produced at trial against the essential elements of the

offense as defined by a hypothetically correct jury charge. David v. State, 663 S.W.3d

673, 678 (Tex. Crim. App. 2022) (citing Malik v. State, 953 S.W.2d 234, 240 (Tex. Crim.

App. 1997)). “A hypothetically correct jury charge ‘accurately sets out the law, is

authorized by the indictment, does not unnecessarily increase the State’s burden of proof

or unnecessarily restrict the State’s theories of liability, and adequately describes the

particular offense for which the defendant was tried.’” Id. (quoting Malik, 953 S.W.2d at

240). Under a hypothetically correct jury charge in this case, the State was required to

prove beyond a reasonable doubt that (1) Miles (2) intentionally or knowingly

(3) threatened Garcia with imminent bodily injury, (4) while using or exhibiting (5) a deadly

weapon. See TEX. PENAL CODE ANN. §§ 22.01(a)(2), 22.02(a)(2).

3 Miles challenges only the deadly weapon element of the offense. A machete, like

other knives or blades, is not a deadly weapon per se. Clark v. State, 444 S.W.3d 671,

678 (Tex. App.—Houston [14th Dist.] 2014, pet. ref’d) (citing Blain v. State, 647 S.W.2d

293, 294 (Tex. Crim. App. 1983)); see Thomas v. State, 821 S.W.2d 616, 620 (Tex. Crim.

App. 1991) (“Kitchen knives, utility knives, straight razors, and eating utensils are

manifestly designed and made for other purposes and, consequently, do not qualify as

deadly weapons unless actually used or intended to be used in such a way as to cause

death or serious bodily injury.”); see also Hill v. State, No. 13-05-274-CR, 2006 WL

2382787, at *3 (Tex. App.—Corpus Christi–Edinburg Aug. 17, 2006, no pet.) (mem. op.,

not designated for publication) (“A machete is defined as ‘a large heavy knife used for

cutting sugarcane and underbrush and as a weapon.’” (quoting MERRIAM WEBSTER’S

COLLEGIATE DICTIONARY 697 (10th ed.1996))). But a knife may be a deadly weapon if, “in

the manner of its use or intended use[, it] is capable of causing death or serious bodily

injury.” TEX. PENAL CODE ANN. § 1.07(a)(17)(B). Relatedly, “serious bodily injury” means

“bodily injury that creates a substantial risk of death or that causes death, serious

permanent disfigurement, or protracted loss or impairment of the function of any bodily

member or organ.” Id. § 1.07(a)(46).

In determining whether an object is a deadly weapon, “we consider words and

other threatening actions by the defendant, including the defendant’s proximity to the

victim; the weapon’s ability to inflict serious bodily injury or death, including the size,

shape, and sharpness of the weapon; and the manner in which the defendant used the

weapon.” Johnson v. State, 509 S.W.3d 320, 323 (Tex. Crim. App. 2017) (collecting

4 cases); see Leal v. State, 527 S.W.3d 345, 348 (Tex. App.—Corpus Christi–Edinburg

2017, no pet.) “These, however, are just factors used to guide a court’s sufficiency

analysis; they are not inexorable commands.” Johnson, 509 S.W.3d at 323. “The State

does not have to introduce the [object] into evidence to prove [it] was a deadly weapon.”

Magana v. State, 230 S.W.3d 411, 414 (Tex. App.—San Antonio 2007, pet. ref’d) (citing

Morales v. State, 633 S.W.2d 866, 868 (Tex. Crim. App. 1982)).

III. DISCUSSION

Miles argues that there is legally insufficient evidence that the machete he wielded

was a deadly weapon based on the lack of evidence of its characteristics. Miles notes

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
McCain v. State
22 S.W.3d 497 (Court of Criminal Appeals of Texas, 2000)
Magana v. State
230 S.W.3d 411 (Court of Appeals of Texas, 2007)
Morales v. State
633 S.W.2d 866 (Court of Criminal Appeals of Texas, 1982)
Malik v. State
953 S.W.2d 234 (Court of Criminal Appeals of Texas, 1997)
Fortenberry v. State
889 S.W.2d 634 (Court of Appeals of Texas, 1995)
Blain v. State
647 S.W.2d 293 (Court of Criminal Appeals of Texas, 1983)
Thomas v. State
821 S.W.2d 616 (Court of Criminal Appeals of Texas, 1991)
Kelvin Deandrea Clark v. State
444 S.W.3d 671 (Court of Appeals of Texas, 2014)
Murray, Chad William
457 S.W.3d 446 (Court of Criminal Appeals of Texas, 2015)
Ramsey, Donald Lynn A/K/A Donald Lynn Ramsay
473 S.W.3d 805 (Court of Criminal Appeals of Texas, 2015)
Babcock v. State
501 S.W.3d 651 (Court of Appeals of Texas, 2016)
Johnson v. State
509 S.W.3d 320 (Court of Criminal Appeals of Texas, 2017)
Leal v. State
527 S.W.3d 345 (Court of Appeals of Texas, 2017)

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