Toledo v. State

519 S.W.3d 273, 2017 WL 1281437, 2017 Tex. App. LEXIS 3023
CourtCourt of Appeals of Texas
DecidedApril 6, 2017
DocketNO. 01-15-00559-CR
StatusPublished
Cited by57 cases

This text of 519 S.W.3d 273 (Toledo 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
Toledo v. State, 519 S.W.3d 273, 2017 WL 1281437, 2017 Tex. App. LEXIS 3023 (Tex. Ct. App. 2017).

Opinion

OPINION

Jane Bland, Justice

This case presents challenges to the constitutionality of Texas Penal Code Section 21.12. The State charged Juan Sergio Car-reon Toledo with the offense of engaging in an improper relationship between an educator and a student, a second-degree felony. See Tex. Penal Code Ann. § 21.12 (West Supp. 2016). Carreon entered a guilty plea to the charged offense without an agreed recommendation as to punishment. The trial court ordered a pre-sen-tencing investigation and held a punishment hearing, during which it admitted the PSI report into evidence. At the hearing’s close, the trial court assessed Carreon’s punishment at fifteen years’ confinement.

Carreon moved for a new trial, which the trial court denied. On appeal, Carreon challenges that ruling, contending that (1) section 21.12 violates due process and equal protection constitutional provisions because it criminalizes consensual sexual relationships with students who have reached 17 years of age, as the complainant was in this case; (2) the trial court’s 15-year sentence violates the Eighth Amendment’s prohibition against cruel and unusual punishment; and (3) his trial counsel rendered ineffective assistance during the punishment phase. We hold that Carreon has not demonstrated a constitutional violation or ineffective assistance. We therefore affirm.

BACKGROUND

From the summer of 2014 until his arrest, Carreon worked as the girls’ varsity soccer coach at a high school in Harris County, Texas. That fall, Carreon began texting with a 17-year-old student who was a high school senior on the soccer team “in a flirty way.” Their communications led to clandestine hotel encounters and an intimate sexual relationship. Carreon and the student met at locations away from school several times and had sexual intercourse on three of those occasions. The student attempted to end the relationship with Carreon that December. But they had another sexual encounter in January 2015 on the school grounds. In describing that encounter, which took place in the school’s soccer storage room, the student told police that she voluntarily kissed Carreon, but that he then blocked the door and coerced her into performing oral sex.

Rumors began to circulate at the school. Initially, Carreon lied about the relationship and told the high school principal that [279]*279the student was lying about their relationship to her friends. When confronted by the principal, the student also denied the relationship. The school suspended the student for starting the rumors, and the student’s father came to the school to apologize to Carreon on his daughter’s behalf. A later police investigation revealed that the rumors were true. The student recounted the nature of the relationship to police. When confronted with evidence from the police investigation, Carreon admitted to the relationship.

Carreon perceived the relationship with the student as consensual, but acknowledged understanding “how this incident can have a negative effect on a young girl.” The student stated that Carreon made her “feel that the only way I’d continue to get his help with college recruitment and continue to be the star player and get play[ing] time was to keep doing sexual things with him.”

The student’s father testified at the punishment hearing about the adverse effect the relationship with Carreon had on the student: other students mocked her, and the student quit the soccer team to avoid taunts from other players and their parents during matches. The student stopped attending school for a period of time to avoid the harassment. She provided a statement for the PSI report in which she detailed her struggles with suicidal thoughts that led her to seek psychiatric treatment.

DISCUSSION

I. Due Process and Equal Protection Challenges

Carreon challenges the facial constitutionality of section 21.12 on three grounds: (1) under the Due Process Clause of the Fourteenth Amendment of the United States Constitution, citing Lawrence v. Texas, 539 U.S. 558, 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003); (2) under the Equal Protection Clause of the Fourteenth Amendment; and (3) under the due course of law provision of the Texas Constitution. We address these challenges in turn.

A. A facial challenge must show that any interpretation of the statute is unconstitutional.

A facial challenge attacks the statute itself rather than a particular application of it. City of Los Angeles v. Patel, — U.S. —, 135 S.Ct. 2443, 2449, 192 L.Ed.2d 435 (2015). A successful facial challenge to a statute’s constitutionality requires a showing that the statute operates unconstitutionally in all possible circumstances; in other words, no set of circumstances exists under which the statute would be constitutionally valid. Peraza v. State, 467 S.W.3d 508, 514-15 (Tex. Crim. App. 2015); Horhn v. State, 481 S.W.3d 363, 372 (Tex. App.—Houston [1st Dist.] 2015, pet, ref'd). Determining whether a statute is facially unconstitutional is a question of law that we review de novo. Ex parte Lo, 424 S.W.3d 10, 14 (Tex. Crim. App. 2013); Lopez v. State, 493 S.W.3d 126, 138 (Tex. App.—Houston [1st Dist.] 2016, pet. ref'd).

The party who challenges a statute bears the burden to establish that it is unconstitutional. Peraza, 467 S.W.3d at 514. If a constitution interpretation is possible, then we interpret the statute in the way that-upholds its constitutional validity. Id.; Maloney v. State, 294 S.W.3d 613 626 (Tex. App.—Houston [1st Dist.] 2009, pet. ref'd). We presume that the legislature intended to enact a statute that comports with the Texas and federal constitutions. See Tex. Gov’t Code Ann. § 311.021(1); Rodriguez v. State, 93 S.W.3d 60, 69 (Tex. Crim. App. 2002). Bearing in mind this presumption, we examine section 21.12, to[280]*280gether with the constitutional rights that Carreon contends it offends.

B. Because Penal Code Section 21.12 furthers a legitimate state interest, it does not offend the federal constitution.

Section 21.12 forbids a sexual relationship between an educator and a student enrolled in the school where the educator works. Carreon pleaded guilty under section 21.12, admitting that he was a licensed primary or secondary school employee who “engaget] in sexual contact, sexual intercourse, or deviate sexual intercourse with a person who is enrolled” at the school in which he worked. Tex. Penal Code Ann. § 21.12(a)(1). The statute specifies that it applies “regardless of the age” of the student. Id. § 21.12(a)(3).1

Carreon concedes that he committed the offense, but he argues that it allows for a conviction for consensual adult sexual conduct, and the statute’s criminalization of that behavior is constitutionally prohibited.

1. The right recognized in Lawrence v. Texas is not an unlimited right to engage in sexual conduct.

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Cite This Page — Counsel Stack

Bluebook (online)
519 S.W.3d 273, 2017 WL 1281437, 2017 Tex. App. LEXIS 3023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toledo-v-state-texapp-2017.