Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hernandez v. State

Court of Appeals of Texas, Fourteenth District

May 2, 2019

OMAR HERNANDEZ, Appellant
v.
THE STATE OF TEXAS, Appellee

          On Appeal from the 339th District Court Harris County, Texas Trial Court Cause No. 1519114

          Panel consists of Chief Justice Frost and Justices Zimmerer and Hassan.

          OPINION

          KEM THOMPSON FROST, CHIEF JUSTICE

         Appellant Omar Hernandez appeals his conviction for tampering with a governmental record, raising challenges to the sufficiency of the evidence and the trial court's admission of extraneous bad-acts evidence. We conclude (1) a rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt based on the trial evidence and (2) any error in admitting the challenged evidence was harmless. We affirm.

         I. Factual and Procedural Background

         A motorist reported to police that she had been hit by another vehicle whose driver had abandoned the scene of the accident. The motorist had followed the fleeing vehicle in an effort to get a license plate number. After getting the plate number, the motorist called law enforcement.

         Appellant, a police officer, responded to the call along with Officer Viet Tran. When the officers arrived, they took the motorist's statement. At trial, the motorist testified that the police officer called her back after investigating the license-plate number and told her that the owner had not been driving the vehicle and that the police would continue investigating. The motorist heard nothing further from the police.

         Officer Tran testified that on the date of the incident he and appellant did not conduct an investigation at the address matched to the license-plate number. After speaking with the motorist, the officers returned to the police station. Before Officer Tran left work for the day, appellant told him that he would finish the report. A printout of the offense report, admitted into evidence at trial, indicates that appellant created the report for the motorist's complaint (the "Offense Report") on the constable's computer and that appellant entered statements on the report about the investigation. That information then became available to others at the precinct, including the officer who would approve the report.

         Internal affairs officers investigated the veracity of statements in the Offense Report and other evidence of appellant's on-duty whereabouts. They referred the matter to the district attorney's office. The State elected to prosecute appellant for tampering with a governmental record.

         The superseding indictment on which the case went to trial stated in relevant part:

OMAR HERNANDEZ, hereafter styled the Defendant, heretofore on or about MAY 4, 2015, did then and there unlawfully, knowingly make a false ENTRY IN a governmental record, namely, HARRIS COUNTY CONSTABLE OFFICE PRECINCT 6 OFFENSE REPORT NUMBER 15-67660, attached hereto as exhibit A. BY STATING THAT ON MAY 4, 2015 HE CONDUCTED AN INVESTIGATION AT 4855 W. FUQUA, APT. 2204 AND THE ACTIONS OF THE DEFENDANT WERE DONE WITH THE INTENT TO DEFRAUD AND HARM ANOTHER.

         Exhibit A to the indictment - a printed copy of a four-page document entitled "Incident Report Precinct 6, Hiliodoro Martinez" - contained the offense number "15 - 67660." The document contains various boxes with descriptive field identifiers. The boxes include the following entries:

Field

Entry

Supplement No.

"Orig."

Report Date

"05/04/2015"

Reported Time

"18:22"

From Date

"05/04/2015"

From Time

"18:22"

To Date

"05/04/2015"

To Time

"19:00"

Operator

"C60357/Hernandez, Oma"

Entered By

"C60357"

Report Officer

"C60357/Hernandez, Oma"

2nd Operator

"Tran, Viet"

Approving Officer

"C60284"

Approval Date

"05/10/2015"

Printed at

"06/05/2015 14:09"

         The third paragraph under the section entitled "Deputies Action" of the incident ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.