Patrick Delane Johnson v. The State of Texas

Summary

The Twelfth Court of Appeals of Texas reviewed Patrick Delane Johnson’s convictions for aggravated kidnapping and continuous violence against the family. The court held that the evidence was legally sufficient to support the aggravated-kidnapping conviction and that the trial court did not err by failing to instruct the jury on unlawful restraint. Because court costs could be assessed only once for the offenses tried together, the court removed the costs from the continuous-violence judgment and affirmed both judgments as modified.

Holdings

1. The evidence was legally sufficient to support Johnson's aggravated-kidnapping conviction because the jury could rationally find that he intentionally or knowingly restrained Marvels, with the intent to prevent her liberation by secreting or holding her in a place where she was not likely to be found, and with the intent to terrorize or inflict bodily injury.
2. The trial court did not err in refusing to submit an instruction on unlawful restraint because, although unlawful restraint is a lesser-included offense of aggravated kidnapping, the record contained no evidence that would allow a rational jury to find Johnson guilty only of unlawful restraint and not aggravated kidnapping.
3. The same court cost or fee may not be assessed in both cases when multiple offenses are convicted in a single criminal action. Because the aggravated-kidnapping case involved the higher-category offense and both cases were tried together, the court costs in the continuous-violence-against-the-family case had to be deleted.

Questions Presented

1. Whether legally sufficient evidence supported Johnson's aggravated-kidnapping conviction, particularly the specific intent to abduct Marvels by secreting or holding her in a place where she was not likely to be found.
2. Whether the trial court erred by failing sua sponte to instruct the jury on unlawful restraint as a lesser-included offense of aggravated kidnapping.
3. Whether court costs could be assessed in the continuous-violence-against-the-family case when the two convictions were tried together and the same costs were assessed in both cases.

Disposition

affirmed