Joshua Domingo Loredo v. State ( 2016 )

IN THE
TENTH COURT OF APPEALS
No. 10-15-00322-CR
JOSHUA DOMINGO LOREDO,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2014-2310-C2
MEMORANDUM OPINION
Joshua Domingo Loredo was convicted of aggravated sexual assault and
sentenced to 45 years in prison. See TEX. PENAL CODE ANN. §22.021 (West 2011). Because
the evidence is sufficient to support the element of lack of consent, the trial court’s
judgment is affirmed.
Loredo and his girlfriend, Cheyenne, had been in a relationship since high school.
After high school, it became abusive. On the morning of her 20th birthday, Cheyenne left
Loredo’s house earlier than Loredo expected so that she could help her mother prepare
her mother’s house for Cheyenne’s birthday party. Loredo was not invited and he was
angry. He picked up Cheyenne from her party at about 11:30 p.m. He then drove her
around Waco, beating her, choking her, threatening to run her over, and making her take
her clothes off and threatening to make her walk home, naked. After about 45 minutes
of this, they had sex. He took her to Wendy’s to get something to eat, but Cheyenne could
not eat because her mouth hurt too much from the beatings. Loredo would not take her
home, but took her back to his house. The next day, Loredo’s younger sister convinced
Cheyenne to go to the police. Loredo was ultimately charged with two counts of
aggravated sexual assault and one count of assault-family violence.1
In his sole issue, Loredo argues the evidence was insufficient to support his
conviction for aggravated sexual assault because there was no evidence that the sexual
assault occurred without Cheyenne’s consent. Specifically, Loredo argues that because
Cheyenne initiated the sexual encounter, there was no evidence he coerced her to have
sex with him. This argument is flawed.
The jury was instructed to find Loredo guilty of aggravated sexual assault if it
found beyond a reasonable doubt that Loredo intentionally or knowingly caused the
1Loredo was found guilty of the other offense of aggravated sexual assault and pled guilty to the offense
of assault-family violence. The appeal of these offenses were severed from this appeal and disposed of in
another appellate case number, 10-16-00161-CR.
Loredo v. State Page 2
penetration of Cheyenne’s sexual organ by Loredo's sexual organ without Cheyenne's
consent. The charge also instructed that sexual assault is without consent
if the actor compels the other person to submit or participate by the use of
physical force or violence; or the actor compels the other person to submit
or participate by threatening to use force or violence against the other
person, and the other person believes that the actor has the present ability
to execute the threat; or the other person has not consented and the actor
knows the other person is unconscious or physically unable to resist.
In determining whether the evidence is legally sufficient to support a conviction,
we consider all of the evidence in the light most favorable to the verdict and determine
whether, based on that evidence and reasonable inferences therefrom, a rational
factfinder could have found the essential elements of the crime beyond a reasonable
doubt. Jackson v. Virginia, 443 U.S. 307, 318-19 (1979); Lucio v. State, 351 S.W.3d 878, 894
(Tex. Crim. App. 2011). Circumstantial evidence is as probative as direct evidence in
establishing the guilt of an actor, and circumstantial evidence alone can be sufficient to
establish guilt. Hooper v. State, 214 S.W.3d 9, 13 (Tex. Crim. App. 2007). And it is well
established that the factfinder is entitled to judge the credibility of witnesses and can
choose to believe all, some, or none of the testimony presented by the parties. Chambers
v. State, 805 S.W.2d 459, 461 (Tex. Crim. App. 1991). Whether consent is lacking must be
determined from the totality of the circumstances in each particular case. See Brown v.
State, 576 S.W.2d 820, 823 (Tex. Crim. App. 1978); Bannach v. State, 704 S.W.2d 331, 333
(Tex. App.—Corpus Christi 1986, no pet.).
Loredo v. State Page 3
In this case, Cheyenne had endured beatings from Loredo for about 45 minutes.
She endured him choking her. She endured him threatening to run her over near a church
if she got out of the car. She endured him making her take her clothes off and threatening
to make her walk home naked if she wanted to go home. She begged and pleaded for
Loredo to let her go. She tried to make Loredo wreck the car, so she could leave. The
jury heard a recording of a portion of the beatings and the choking when Loredo
accidently called his younger brother and Loredo’s younger sister decided the call was
so disturbing, it needed to be recorded. The jury saw pictures of the bruises Loredo
inflicted on Cheyenne’s face and body. Cheyenne told the jury that “I come onto him
because I just wanted it to stop.” She agreed with the State that she was no longer able
to physically resist Loredo, and she was afraid that the beatings would not stop unless
she had sex with Loredo. The beatings did stop: once they had sex.
After reviewing the record in the light most favorable to the verdict, the jury could
have found beyond a reasonable doubt that the sexual assault occurred without
Cheyenne’s consent. Loredo’s sole issue is overruled, and the trial court’s judgment is
affirmed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Affirmed
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Opinion delivered and filed August 10, 2016
Do not publish
[CRPM]
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