Tavaris Lashawn Watson v. The State of Texas

Summary

The Fifth District Court of Appeals of Texas at Dallas affirmed Tavaris Lashawn Watson’s conviction for burglary of a habitation. The court held that the evidence was sufficient to support the jury’s finding that Watson entered the habitation with intent to commit theft and concluded that his complaint concerning testimony about a halfway house did not warrant a mistrial. The court modified the judgment to reflect that Watson pleaded not true to, and the jury found true, a second enhancement paragraph.

Holdings

1. The evidence was legally sufficient for a rational jury to find beyond a reasonable doubt that Watson entered the habitation without consent with the intent to commit theft.
2. The trial court did not abuse its discretion by denying Watson's motion for mistrial because, even assuming the testimony violated a limine order, any error could have been cured by an instruction to disregard, and Watson did not request a lesser remedy.
3. The appellate court could and should modify the judgment to reflect that Watson pleaded not true to the second enhancement paragraph and that the jury found the paragraph true.

Questions Presented

1. Whether the evidence was sufficient to prove that Watson entered the habitation with the intent to commit theft.
2. Whether the trial court erred in denying a mistrial after testimony referred to Watson knowing a friend from a halfway house.
3. Whether the appellate court should modify the judgment to accurately reflect Watson's plea and the jury's finding on the second enhancement paragraph.

Disposition

affirmed