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Kelley v. State

Court of Appeals of Texas, Fourteenth District

March 23, 2017

YANCY KELLEY, Appellant
v.
THE STATE OF TEXAS, Appellee

         On Appeal from the 262nd District Court Harris County, Texas Trial Court Cause No. 1459114

          Panel consists of Chief Justice Frost and Justices Boyce and Christopher.

          OPINION

          Kem Thompson Frost Chief Justice

         Appellant Yancy Kelley challenges his conviction for robbery, asserting (1) ineffective assistance of counsel for failing to object to evidence, and (2) trial-court error in admitting evidence of the complainant's pretrial identification of appellant. We affirm.

         I. Factual and Procedural Background

         The complainant, Junie Treminio, was walking to a bus stop when she encountered a man who grabbed her necklace and attempted to take her purse. A struggle ensued, and the assailant threw the complainant to the ground. When the complainant's purse flew off of her arm, the assailant took the complainant's wallet and fled.

         A neighborhood resident heard the complainant screaming and ran out of his home in time to see a man running away from the bus stop. When the resident saw the man get into a blue car, he wrote down the license plate number. The complainant told 911 operators that her attacker was a black male wearing a black t-shirt and gray shorts. She stated that a witness saw the attacker leave the scene in a blue Nissan Altima with license plate FJP8227.

         About a week later, Eric Garza, a police officer on patrol, was randomly running license plates of vehicles to see whether any of the plates returned "hits" in the police computer system. Officer Garza entered the plate of a blue Nissan Altima with license-plate number FJP8227. Officer Garza then stopped the car and arrested appellant, who was seated on the passenger side.

         Detective John Bedingfield interviewed appellant at the police station. In the videotaped interview, appellant denied responsibility for the robbery. Appellant then invoked his right to counsel.

         Detective Bedingfield created a photo spread that contained a photo of appellant. He showed the photo spread to the complainant, and she identified appellant as the man who attacked her.

         Appellant was charged with robbery and an enhancement based on a prior felony conviction for burglary of a habitation. A jury found appellant guilty as charged and found the alleged enhancement to be true. The trial court assessed punishment at ten years' confinement. Appellant now challenges his conviction, raising two issues.

         II. Issues and Analysis

         A. Was trial counsel ineffective in failing to object to appellant's videotaped statement?

         In his first issue, appellant asserts that trial counsel provided ineffective assistance because trial counsel did not object at trial to the State playing appellant's videotaped statement to Detective Bedingfield. Appellant contends that the statement was inadmissible because it was a custodial statement in ...


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