Summary
This memorandum opinion from the Texas Court of Appeals affirms the trial court's order civilly committing Benjamin Andrew Cole as a sexually violent predator under Chapter 841 of the Texas Health and Safety Code. The appellant challenged the legal sufficiency of the evidence supporting a "behavioral abnormality" finding and argued that the trial court erred by refusing a specific jury instruction regarding the presumption of not being a sexually violent predator. The appellate court held that expert testimony and the appellant's criminal history sufficiently established the statutory behavioral abnormality, and that the existing jury charge adequately conveyed the State's burden of proof without requiring the requested instruction.
Topics
Practice areas
Questions Presented
- Whether legally sufficient evidence supported the jury's finding that Cole suffered from a behavioral abnormality making him likely to engage in a predatory act of sexual violence.
- Whether the trial court abused its discretion by refusing to instruct the jury that Cole was presumed not to be a sexually violent predator and that the State had to prove each element beyond a reasonable doubt.
Holdings
- The evidence was legally sufficient to support the jury's finding that Cole was a repeat sexually violent offender who suffered from a behavioral abnormality making him likely to engage in a predatory act of sexual violence.
- The trial court did not abuse its discretion by refusing to submit an instruction directing the jury to presume that Cole was not a sexually violent predator before the State proved otherwise.
Key quotations
“So, as long as a behavioral abnormality (i.e., an acquired or congenital predisposition to sexually violent behavior that makes the person a menace to others) is established, there is no need to prove the existence of a personality disorder or antisociality.” (at 2)
“That is all the law required of the trial court in these cases.” (at 4-5)
Factual background
In 2022, Cole was convicted of two counts of indecency with a child by contact and incarcerated. Before his discharge date, the State sought his civil commitment as a sexually violent predator. A forensic psychiatrist testified that Cole had a behavioral abnormality based on his sexually deviant conduct, repeated offending, targeting and grooming of young or underage girls, refusal to accept responsibility, and lack of a treatment or prevention plan. Another psychologist had also previously opined that Cole suffered from a behavioral abnormality.
Procedural history
After Cole was convicted of two counts of indecency with a child by contact and incarcerated, the State petitioned to civilly commit him before his discharge date. Following a jury trial, the trial court entered an order committing Cole to a residential facility for sex-offender treatment and supervision. Cole challenged the legal sufficiency of the evidence and the refusal to submit a requested presumption instruction. The appeal was transferred from the Second Court of Appeals to the Seventh Court of Appeals under Texas's docket-equalization procedures.