Manuel Mata v. the State of Texas

CourtCourt of Appeals of Texas
DecidedDecember 14, 2023
Docket02-23-00111-CR
StatusPublished

This text of Manuel Mata v. the State of Texas (Manuel Mata 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
Manuel Mata v. the State of Texas, (Tex. Ct. App. 2023).

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-23-00110-CR No. 02-23-00111-CR ___________________________

MANUEL MATA, Appellant

V.

THE STATE OF TEXAS

On Appeal from County Criminal Court No. 6 Tarrant County, Texas Trial Court Nos. 1736671, 1736673

Before Sudderth, C.J.; Kerr and Bassel, JJ. Memorandum Opinion by Justice Bassel MEMORANDUM OPINION

I. Introduction

A jury convicted Appellant Manuel Mata of resisting arrest, search, or

transportation (resisting transportation) and of interference with public duties and

assessed his punishment in each case at 180 days in jail and a $2,000 fine. In two

issues,1 Mata argues that the evidence is insufficient to support his convictions.

Because the record, which includes body-cam footage, supports Mata’s convictions,

we affirm both judgments.

II. Background

A. Facts Related to the Interference-with-Public-Duties Conviction

Officer Jose Palomares with the Fort Worth Police Department (FWPD)

testified that on the date in question he was off duty 2 but was working in uniform to

provide security for Community Crossroads on Hemphill Street in Fort Worth.

Officer Palomares explained that Community Crossroads is an outreach center that

provides formula, diapers, groceries, and clothing to people in need. Officer

1 Mata filed two briefs—one for each of his convictions—and incorrectly used No. 02-23-00110-CR to refer to the appeal from his conviction for interference with public duties when the appeal for that conviction was filed in No. 02-23-00111-CR and vice versa for his conviction for resisting transportation. The State responded by filing a single brief that addresses both sufficiency challenges. For purposes of this opinion, we will use the order of the appellate case numbers and will treat the challenge to Mata’s conviction for resisting transportation as his first issue and the challenge to his conviction for interference with public duties as his second issue. 2 Officer Palomares was later asked, “As a police officer, you are always on duty, right?” He answered, “Yes, sir.”

2 Palomares described the area around Community Crossroads, noting that there was a

Boys and Girls Club, a high school for pregnant teens, and Tarrant County MHMR

for youth. He explained that Community Crossroads often has people show up high

on drugs and that this is of particular concern because of the women and children

who come to the center and because of the youth who attend or visit the nearby club,

high school, and MHMR.

On the morning in question, a man came inside Community Crossroads and

told Officer Palomares that he was afraid to go outside because he had been

threatened by an alleged drug dealer named Jay Fennell.3 The male explained that

Fennell wanted to beat him up and that Fennell had drugs on him at that moment.

Officer Palomares went outside and spoke to Fennell and captured the interaction on

his body-cam video.

Officer Palomares asked the man who was seated beside Fennell to move to

another location and told Fennell to sit on the ground against the wall; both complied.

Officer Palomares was concerned that Fennell had drugs on him and received

Fennell’s permission to search him, but Fennell did not allow a search of his backpack

or his cooler. While Officer Palomares was conducting his investigation, a backup

officer arrived. Multiple people walked past the scene during the investigation, but

none of them interfered with the investigation.

3 The spelling used for the suspect’s last name in the reporter’s record is Finnel, which differs from the spelling that Officer Palomares copied from the suspect’s driver’s license. We use the spelling obtained by the officer.

3 Officer Palomares left the backup officer with Fennell and went back inside the

center to speak to the man who had reported that Fennell had threatened him. It

took a moment to find the man as numerous people were inside the center. After

Officer Palomares found him and started taking down his information, a woman came

up and told Officer Palomares that Fennell possibly had a fake weapon with him.

Officer Palomares returned outside to where Fennell was and called for a drug dog.

Approximately fifty minutes into Officer Palomares’s investigation, Mata

approached the scene on a scooter. Mata initially rode past the officers but then

turned around and came back toward them. Officer Palomares’s body-cam video

shows that he told Mata,

Do me a favor for your safety -- for your safety hang -- hang tight over there for me or on the other side. Do you understand what I’m telling you? Sir, we’ve got a guy with drugs here, sir. Sir, you cannot be in this spot. You can record over there.[4]

Instead of moving away, Mata rode his scooter up “[v]ery close” to Officer

Palomares, retrieved his phone (which was attached to a tripod), and placed it very

near Officer Palomares’s body camera. Mata stayed put and repeatedly asked for

Officer Palomares’s name and badge number. Officer Palomares warned Mata that

he would be arrested for interfering. Mata eventually parked his scooter several feet

away while stating that it would be illegal for Officer Palomares to arrest him. Officer

Palomares repeatedly told Mata that he had already asked him to move and that he

4 Officer Palomares testified that FWPD has a policy that anyone can film or take pictures of police officers.

4 needed to move away. Mata took a few steps forward toward Officer Palomares.

Officer Palomares ultimately handcuffed Mata and had to escort him to the ground

because he refused multiple commands to sit down. Throughout this time and while

they waited for additional officers to transport him, Mata cursed at Officer Palomares

and yelled that the arrest was illegal.

Officer Palomares testified that Mata inserted himself into the investigation

with Fennell and that, as a result, he had to turn his back on Fennell—an action that

Officer Palomares described as being very dangerous for him—in order to deal with

Mata. Officer Palomares confirmed that Mata had interrupted, disrupted, impeded, or

interfered with his investigation because he had prevented Officer Palomares from

keeping an eye on Fennell.

On cross-examination, Officer Palomares agreed that Mata had eventually

moved away, that Mata had taken about two steps forward toward the scene, and that

even then he was farther away from Fennell than a lady who was sitting on a concrete

abutment. Officer Palomares testified that there had been briefing regarding Mata, so

he was aware of who he was and that he filmed officers.

B. Facts Related to the Resisting-Transportation Conviction

Officer Jake Smith with FWPD testified that when he and his training officer

(Officer Stroemer)5 arrived on the scene, Mata was sitting on the ground in handcuffs.

5 The officer’s name is misspelled in the reporter’s record; the correct spelling is reflected on the officer’s badge in Officer Palomares’s body-cam video.

5 Officer Smith, with his body camera recording, helped Mata to a standing position

and took him to the police vehicle so that he could be transported. While Officer

Smith was trying to get Mata from the ground to the vehicle, Mata was very agitated;

he repeatedly said, “Call your supervisor”; complained that his hands hurt; 6 and

cursed.

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

Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
Thompson v. State
987 S.W.2d 64 (Court of Criminal Appeals of Texas, 1999)
Key v. State
88 S.W.3d 672 (Court of Appeals of Texas, 2002)
Dobbs, Atha Albert
434 S.W.3d 166 (Court of Criminal Appeals of Texas, 2014)
Finley, William Bryan Iii
484 S.W.3d 926 (Court of Criminal Appeals of Texas, 2016)
Villa v. State
514 S.W.3d 227 (Court of Criminal Appeals of Texas, 2017)
Braughton, Christopher Ernest
569 S.W.3d 592 (Court of Criminal Appeals of Texas, 2018)
Queeman v. State
520 S.W.3d 616 (Court of Criminal Appeals of Texas, 2017)
Lovett v. State
523 S.W.3d 342 (Court of Appeals of Texas, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
Manuel Mata v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manuel-mata-v-the-state-of-texas-texapp-2023.