Jessie Jerome White v. the State of Texas

Summary

The Thirteenth Court of Appeals of Texas considers Jessie Jerome White’s appeal from his conviction for engaging in organized criminal activity. The court rejects his sufficiency and accomplice-corroboration challenges but concludes that trial counsel was ineffective for failing to raise a limitations defense concerning the superseding indictment. The court reverses the judgment and remands the case.

Holdings

1. The evidence was legally sufficient to support White's conviction because Powell's testimony established that White participated with Powell and Nelsin White in repeated tractor thefts, and non-accomplice evidence tending to connect White to the offense corroborated Powell's testimony.
2. The original indictment did not toll limitations for Count I of the superseding indictment because the superseding indictment substantially expanded the charged manner and means by adding a criminal-street-gang theory, a larger combination, and broader criminal-activity allegations that the original indictment did not provide clear notice of.
3. Trial counsel rendered ineffective assistance by failing to raise a meritorious limitations defense to Count I, and the omission prejudiced White because a properly raised limitations defense is an absolute bar to prosecution.

Questions Presented

1. Whether the evidence was legally sufficient to support White's conviction for engaging in organized criminal activity based on the combination theory and accomplice-witness evidence.
2. Whether trial counsel was ineffective for failing to raise a statute-of-limitations defense to Count I of the superseding indictment.
3. Whether trial counsel was ineffective for failing to seek suppression of cell-site location evidence.

Disposition

reversed_and_remanded