Charles Whitley Mick v. State ( 2008 )


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  • In The

    Court of Appeals

    Sixth Appellate District of Texas at Texarkana



    ______________________________


    No. 06-07-00008-CR

    ______________________________




    CHARLES WHITLEY MICK, Appellant


    V.


    THE STATE OF TEXAS, Appellee





    On Appeal from the 8th Judicial District Court

    Hopkins County, Texas

    Trial Court No. 0618766









    Before Morriss, C.J., Carter and Moseley, JJ.

    Memorandum Opinion by Chief Justice Morriss


    MEMORANDUM OPINION


    Charles Whitley Mick appeals from his conviction by a jury for indecency with a child with J.H. and aggravated sexual assault on a child with J.H. The jury assessed his punishment at twenty years' and forty years' imprisonment, respectively, and $10,000.00 fines for each offense. Mick presently has five other convictions currently on appeal before this Court. (1)  

    On appeal, Mick contends the trial court erred by admitting a video recording of an interview by a state worker with another alleged victim, M.M. (2) He argues that this error is reversible because it leaves grave doubt that his conviction was free from the substantial influence of the error. We addressed this issue in detail in our opinion of this date on his appeal in cause number 06-07-00004-CR. For the reasons stated therein, we likewise conclude that error has not been shown.



    We affirm the judgment.





       Josh R. Morriss, III

    Chief Justice



    Date Submitted: May 30, 2008

    Date Decided: June 2, 2008



    Do Not Publish



    1. Mick appeals from six convictions. In cause number 06-07-00004-CR, he was convicted of aggravated sexual assault on M.M. and sentenced to forty years' imprisonment (concurrent). In cause number 06-07-00005-CR, he was convicted of aggravated sexual assault on M.M. and sentenced to forty years' imprisonment (concurrent). In cause number 06-07-00006-CR, he was convicted for indecency with a child with J.H. and sentenced to twenty years' imprisonment (concurrent). In cause number 06-07-00007-CR, he was convicted of indecency with a child with J.H. and sentenced to twenty years' imprisonment (concurrent). In 06-07-00008-CR, he was convicted of one count of indecency with a child with J.H. and sentenced to twenty years' imprisonment (concurrent), and one count of aggravated sexual assault on a child with J.H. and sentenced to forty years' imprisonment (consecutive to 0618762 (06-07-00004-CR)). In cause number 06-07-00009-CR, Mick was convicted of one count of aggravated sexual assault on J.H. and sentenced to forty years' imprisonment (concurrent), and one count of indecency with a child with J.H. and sentenced to twenty years' imprisonment (concurrent). In each conviction, the jury also assessed a $10,000.00 fine.

    2. Mick does not present a Confrontation Clause issue--M.M. testified at the trial.

    (Vernon Supp. 2007); Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999); Cooper v. State, 2 S.W.3d 500, 502 (Tex. App.--Texarkana 1999, pet. ref'd). While a defendant may be able to raise a claim of ineffective assistance of counsel that allegedly occurred at the punishment phase following adjudication, the Texas Court of Criminal Appeals has held "a defendant may not raise on direct appeal a claim of ineffective assistance (or even an absence) of counsel that allegedly occurred at the proceeding to adjudicate guilt." Hogans v. State, 176 S.W.3d 829, 833 (Tex. Crim. App. 2005); see Davis v. State, 195 S.W.3d 708, 710 (Tex. Crim. App. 2006). The asserted error must directly and distinctly concern the punishment phase; the claim must, on its face, relate to the sentence imposed, not to the decision to adjudicate. Hogans, 176 S.W.3d at 834. Similar to Hogans, the asserted error in this case does not directly and distinctly concern the punishment phase. We lack jurisdiction over this appeal.

    For the reasons stated, we dismiss Bolden's appeal for want of jurisdiction.







    Jack Carter

    Justice



    Date Submitted: December 31, 2007

    Date Decided: January 4, 2008



    Do Not Publish

Document Info

Docket Number: 06-07-00008-CR

Filed Date: 6/2/2008

Precedential Status: Precedential

Modified Date: 9/7/2015