Anthony Michael Kienlen v. The State of Texas

Summary

The Texas Court of Appeals, Second Appellate District, Fort Worth, reviews Anthony Michael Kienlen’s convictions for attempted capital murder of a peace officer and aggravated assault of public servants. The court holds that the evidence was sufficient to support the attempted-capital-murder conviction and that separate punishment for the attempted murder and the aggravated assault involving the same officer did not violate double jeopardy because the offenses arose from distinct, separated-in-time acts. The court overrules Kienlen’s issues and affirms the trial court’s judgments.

Holdings

1. The evidence was sufficient to support Kienlen's conviction for attempted capital murder of Sergeant Biter because the jury could rationally infer specific intent to kill from Kienlen's threats, his use of an AK-47, his firing five rounds toward officers he knew were behind inadequate cover, and the surrounding circumstances.
2. Double jeopardy did not prohibit separate punishment for attempted capital murder and aggravated assault of Sergeant Biter because the offenses were based on separate and distinct volleys of gunfire occurring eleven minutes apart, involving different weapons and a break in the conduct, even though they occurred during the same overall transaction.

Questions Presented

1. Whether the evidence was sufficient for a rational jury to find beyond a reasonable doubt that Kienlen specifically intended to kill Sergeant Roy Biter and committed an act beyond mere preparation constituting attempted capital murder.
2. Whether imposing punishment for attempted capital murder of Sergeant Biter and aggravated assault of Sergeant Biter violated federal or Texas double-jeopardy protections when the offenses arose during the same overall standoff.
3. Whether the first and second volleys of gunfire constituted separate and distinct assaultive acts permitting separate punishments.

Disposition

affirmed