EMANUEL D. HAYES, Appellant
THE STATE OF TEXAS, Appellee
Appeal from the 178th District Court Harris County, Texas
Trial Court Case No. 1408364
consists of Chief Justice Radack and Justices Jennings and
Radack Chief Justice
Emanuel Hayes, pleaded guilty to aggravated robbery of an
individual over sixty-five years of age or disabled, and,
after a presentence investigation ["PSI"], the
trial court found appellant guilty and assessed punishment at
16 years' confinement. In single point of error,
appellant contends the trial court erred because it heard a
day of appellant's punishment proceedings without
appellant being present. We affirm.
November 6, 2013, six young people-appellant, Darion Amos,
"Marcus, " "Zae, " and two girls-knocked
on the door of 78-year-old Richard Chandler, forced their way
into his apartment when Chandler opened the door, and stole
several items, including a computer tablet, keys to a truck,
and a gold ring that Mr. Chandler usually wore.
the home invasion, Chandler was knocked unconscious and
sustained bruises and swelling of his face, ear, and brain.
He was taken to Ben Taub Hospital, where he remained for
several weeks. After being released from Ben Taub Hospital,
Chandler spent several months in a rehabilitation facility.
While he had suffered some degree of dementia before the home
invasion, Chandler's dementia accelerated afterward. He
never recovered his ability to communicate with his family
and became very combative. In her victim impact statement,
Chandler's daughter stated that he died in 2015 when he
"went into the kitchen to get something to drink and
wound up drinking a plumbing solution." She felt like
Chandler would still be alive today if he had not been
days after the aggravated robbery of Chandler, appellant and
Darion Amos were arrested at the scene of another burglary in
the same apartment complex. When police searched
appellant's car, they found several items that had been
stolen from Chandler's apartment, such as the truck keys,
an Android tablet, and Chandler's gold ring. Both
appellant and Amos were charged with aggravated robbery in
connection with the home invasion of Chandler.
pleaded guilty on February 18, 2015, and his case was reset
for a PSI hearing. Appellant pleaded guilty on June 5, 2015,
and his case was also reset for a PSI hearing. Neither
defendant was adjudicated guilty at the time of their pleas.
October 6, 2015 PSI hearing-both defendants' cases are
October 6, 2015, the trial court called both appellant's
and Amos's cases for a joint PSI hearing. Both appellant
and Amos were present, along with their separate counsel. At
the hearing, a single exhibit containing PSI materials
regarding both defendants was entered into evidence as
Exhibit 1 in each of the defendant's cases. The State
then called two witnesses, Chandler's daughter and
ex-wife, who testified about the effect the crime had on
their family. The State then rested its punishment case
against both defendants.
counsel then called Samantha Amos, who testified on behalf of
her son. Before her testimony, the trial court noted,
"Let the record reflect this is in regard to the Amos
case. After Ms. Amos's testimony, the trial court
adjourned the hearing until the next day. Ms. Amos testified
that she had warned her son about hanging around with
October 7, 2015 PSI hearing-only Amos's case is
next day, the trial court resumed the PSI hearing and called
"Cause No. 1408362, The State of Texas vs. Darion
Amos." The record shows that "Mr. Amos is present
and counsel is present as well." Thereafter, Amos
testified about the day of the offense and presented evidence
to support his requests for probation, such as his family and
employment history. Specifically, Amos testified that he met
appellant at the apartment complex where Amos [and Chandler]
lived. Amos testified that on the day of the offense, he was
playing basketball with appellant when appellant "told
me that he had a lead basically." Appellant told him
"he had a lick, " and "he knew where some
money was. It was $8, 000 supposedly, and that we were going
to break into the house to get the money." Amos further
testified that "[i]t was [appellant's] plan."
testified that appellant was the person who knocked on
Chandler's door, and "Marcus pushed [Chandler]
down." While Amos testified that he did not see anyone
strike Chandler, he also noted that appellant stayed
downstairs with Chandler while everyone else went upstairs.
When he came back downstairs, he saw that Chandler was
unconscious, and that he saw appellant and Marcus standing
around him. Amos testified that he asked what happened to
Chandler, but that appellant and Marcus "both shrugged
trial counsel, though present during Amos's testimony,
did not participate in the hearing.
conclusion of the day, the trial court found Amos guilty,
denied his motion for community supervision, and reset the
case for sentencing in two weeks.
October 9, 2015 PSI hearing-only appellant's case is
hearing resumed on October 9th, and the trial court called
"Cause No. 1408364, the State of Texas v. Emanuel
Hayes." Before the hearing began, the following exchange
[Trial Court]: The record will reflect that the State put on
their case, both co-defendants [Appellant] and Amos. Mr.
Amos's attorney put on the defense witnesses for Mr.
Amos. [Appellant] was not brought up.
[Appellant's Defense Counsel]: Let the record reflect
that I was present for that portion of the PSI.
[Trial Court]: All right. [Appellant] was not brought up. And
[Appellant] is now present. Counsel for the defense ...