Michael Guadron v. the State of Texas

IN THE
TENTH COURT OF APPEALS
No. 10-22-00253-CR
MICHAEL GUADRON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 443rd District Court
Ellis County, Texas
Trial Court No. 46623CR
MEMORANDUM OPINION
In two issues, appellant, Michael Guadron, challenges his conviction for
continuous family violence for which he received a prison sentence of eight years and six
months. See TEX. PENAL CODE ANN. § 25.11(a), (e). Specifically, Guadron contends that
the evidence is insufficient to support his conviction and that the judgment should be
reformed to reflect the proper statute for the offense. We affirm as modified.
Sufficiency of the Evidence
In his first issue, Guadron argues that the evidence is insufficient to support his
conviction for continuous family violence. We disagree.
STANDARD OF REVIEW
The Court of Criminal Appeals has expressed our standard of review of sufficiency
issues as follows:
When addressing a challenge to the sufficiency of the evidence, we consider
whether, after viewing all of the evidence in the light most favorable to the
verdict, any rational trier of fact could have found the essential elements of
the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319,
99 S. Ct. 2781, 61 L.Ed.2d 560 (1979); Villa v. State, 514 S.W.3d 227, 232 (Tex.
Crim. App. 2017). This standard requires the appellate court to defer “to
the responsibility of the trier of fact fairly to resolve conflicts in the
testimony, to weigh the evidence, and to draw reasonable inferences from
basic facts to ultimate facts.” Jackson, 443 U.S. at 319. We may not re-weigh
the evidence or substitute our judgment for that of the factfinder. Williams
v. State, 235 S.W.3d 742, 750 (Tex. Crim. App. 2007). The court conducting
a sufficiency review must not engage in a “divide and conquer” strategy
but must consider the cumulative force of all the evidence. Villa, 514 S.W.3d
at 232. Although juries may not speculate about the meaning of facts or
evidence, juries are permitted to draw any reasonable inferences from the
facts so long as each inference is supported by the evidence presented at
trial. Cary v. State, 507 S.W.3d 750, 757 (Tex. Crim. App. 2016) (citing Jackson,
443 U.S. at 319); see also Hooper v. State, 214 S.W.3d 9, 16-17 (Tex. Crim. App.
2007). We presume that the factfinder resolved any conflicting inferences
from the evidence in favor of the verdict, and we defer to that resolution.
Merritt v. State, 368 S.W.3d 516, 525 (Tex. Crim. App. 2012). This is because
the jurors are the exclusive judges of the facts, the credibility of the
witnesses, and the weight to be given to the testimony. Brooks v. State, 323
S.W.3d 893, 899 (Tex. Crim. App. 2010). Direct evidence and circumstantial
evidence are equally probative, and circumstantial evidence alone may be
sufficient to uphold a conviction so long as the cumulative force of all the
incriminating circumstances is sufficient to support the conviction. Ramsey
Guadron v. State Page 2
v. State, 473 S.W.3d 805, 809 (Tex. Crim. App. 2015); Hooper, 214 S.W.3d at
13.
We measure whether the evidence presented at trial was sufficient
to support a conviction by comparing it to “the elements of the offense as
defined by the hypothetically correct jury charge for the case.” Malik v.
State, 953 S.W.2d 234, 240 (Tex. Crim. App. 1997). The hypothetically
correct jury charge is one that “accurately sets out the law, is authorized by
the indictment, does not unnecessarily increase the State’s burden of proof
or unnecessarily restrict the State’s theories of liability, and adequately
describes the particular offense for which the defendant was tried.” Id.; see
also Daugherty v. State, 387 S.W.3d 654, 665 (Tex. Crim. App. 2013). The “law
as authorized by the indictment” includes the statutory elements of the
offense and those elements as modified by the indictment. Daugherty, 387
S.W.3d at 665.
Zuniga v. State, 551 S.W.3d 729, 732-33 (Tex. Crim. App. 2018).
APPLICABLE LAW
Under the Texas Penal Code, a person commits continuous violence against the
family “if, during a period that is [twelve] months or less in duration, the person two or
more times engages in conduct that constitutes an offense under [section] 22.01(a)(1) [of
the Texas Penal Code] against another person or persons whose relationship to or
association with the defendant” is defined by various sections of the Texas Family Code.
TEX. PENAL CODE ANN. § 25.11(a). A person commits assault under section 22.01(a)(1) of
the Texas Penal Code if that person “intentionally, knowingly, or recklessly causes bodily
injury to another, including the person’s spouse.” Id. § 22.01(a)(1). “Bodily injury” means
“physical pain, illness, or any impairment of physical condition.” Id. § 1.07(a)(8). The
offense of continuous family violence requires the defendant to be in a specific
Guadron v. State Page 3
relationship to the other person; specifically, they must be in a dating relationship, a
family member, or a member of the household. See id. § 25.11(a); see also TEX. FAM. CODE
ANN. § 71.0021(b) (defining a “dating relationship”).
DISCUSSION
Detective Jill Turner of the Waxahachie Police Department testified that the victim
in this case, Andria Hyland, reported multiple instances of domestic violence perpetrated
by her boyfriend, Guadron, within a twelve-month period—between July 6, 2020, and
September 2, 2020. In her testimony, Hyland described numerous instances of domestic
violence between July 6, 2020, and September 2, 2020, as well as an additional instance of
domestic violence dating back to March 2020. Specifically, in March 2020, Guadron
pushed Hyland down to the ground while they were living at Hyland’s mother’s house.
Hyland hurt her buttocks as a result of the fall. Later, in July 2020, Hyland and Guadron
moved into an apartment together in Waxahachie, Texas. Hyland recounted that in mid-
July 2020, Guadron grabbed her arm and swung her around, causing her to fall onto the
ground and hurt her back. Later that month, after she had left the hospital following
treatment for a miscarriage, Hyland saw Guadron at a RaceTrac gas station and inquired
why he was not with her. Guadron responded by pushing Hyland to the ground, causing
her to hurt her buttocks and scrape her elbow.
At the end of July 2020, Hyland prepared to go home to celebrate her birthday,
which angered Guadron. He broke the apartment door in response. Upset with “what
Guadron v. State Page 4
was going on,” Hyland took a steak knife and threatened the kill herself. Guadron took
the steak knife from Hyland, hit Hyland in the face with it, and dragged Hyland by her
ankle back inside the apartment, causing her to repeatedly hit her head on the ground.
Hyland recalled that Guadron then started throwing the contents of the apartment at her.
Guadron broke Hyland’s computer, ripped apart her textbooks, smashed her cell phone
on the ground, and slashed her birthday balloons. Guadron was arrested after this
incident.
After being released from custody, Guadron accused Hyland of flirting with a man
on social media. Angered, Guadron pulled Hyland into the closet by her hair and
slammed her head on the ground multiple times. While she was on the ground, Guadron
threatened to “stomp [her] out,” or step on her head.
At the end of August 2020, Guadron was driving and got angry with Hyland. He
ordered her to exit the vehicle, and when she did not exit quickly enough, he grabbed her
arm, pulled her out of the vehicle, and pushed her over the hood and onto the ground,
which caused bruising on Hyland’s buttocks. Eventually, Guadron let Hyland back in
the vehicle, but shortly thereafter, he pulled over again in a parking lot and pulled her
out of the vehicle. This time, he dragged her on the gravel, causing a large abrasion on
her right thigh. While Hyland covered her head, Guadron stomped on her stomach three
times. He then dragged her back into the vehicle, drove her to the hospital, and taunted
Guadron v. State Page 5
her to go in and tell everyone what he had done. As Hyland attempted to exit the vehicle,
Guadron called her a “trifling ass bitch” and drove off with her still inside the vehicle.
The next incident of domestic violence described by Hyland occurred on
September 2, 2020. In this instance, Guadron got angry with Hyland and choked her,
dragged her off the bed, and hit her in the face with his fists and keys.1 After this incident,
Hyland decided she had to leave Guadron. That night, Hyland and a friend attempted
to get Guadron to leave the apartment. He eventually agreed, but before he left, he “tore
up” the apartment, breaking Hyland’s mirror and television and knocking over her
dresser.
Hyland and Guadron got back together a few weeks later because Guadron left
voicemails saying he was sorry and that he loved her. Believing he had changed, Hyland
filed an affidavit of non-prosecution. Although she wanted all charges dropped, she did
not deny that the instances of domestic violence occurred. Hyland and Guadron
continued their relationship until March or April 2022.
The State also presented testimony from law enforcement who responded to the
numerous domestic calls made by Hyland. These officers recounted the reports made by
Hyland and corroborated her testimony about the injuries sustained as a result of the
incidents. Moreover, Hyland’s mother, Kelly Green, described seeing blood on Hyland’s
leg, bruises over Hyland’s eye, “whelps” on the back of Hyland’s head, and other bruises
1 The jury acquitted Guadron of assault by occlusion.
Guadron v. State Page 6
and marks on Hyland’s legs, wrists, and neck, after Hyland had arguments with
Guadron. In addition, Hyland’s friend, Joseph Villarreal testified that he observed cuts,
bruises, and scrapes on Hyland’s arms, legs, and eye after Hyland had arguments with
Guadron. Furthermore, the record includes pictures documenting Hyland’s numerous
bruises, cuts, and abrasions that Hyland noted were the result of the instances of domestic
violence perpetrated by Guadron.
Viewing the evidence in the light most favorable to the jury’s verdict, we conclude
that a rational jury could have determined that Guadron and Hyland were in a dating
relationship and that Guadron assaulted Hyland two or more times during a period that
was twelve months or less in duration. See TEX. PENAL CODE ANN. § 25.11(a); TEX. FAM.
CODE ANN. § 71.0021(b); see also Zuniga, 551 S.W.3d at 732-33.
Despite the foregoing, Guadron directs us to evidence that Hyland suffered from
depression and wanted to kill herself; that his mothers, Reyna Escobar and Julie
Gonzales, never saw Guadron hit or yell at Hyland; and that Hyland was found guilty of
Class C assault arising from an argument where Hyland hit Guadron in October 2020, to
show that the evidence is insufficient to support his conviction.2 We note that jurors are
the exclusive judges of the facts, the credibility of the witnesses, and the weight to be
given to the testimony. See Montgomery v. State, 369 S.W.3d 188, 192 (Tex. Crim. App.
2 It is noteworthy that Julie Gonzales called the police on Guadron after an argument about him
taking Gonzales’s truck resulted in Guadron grabbing Gonzales’s shirt and “accidentally” backhanding
Reyna Escobar in the mouth.
Guadron v. State Page 7
2012); see also Green v. State, 607 S.W.3d 147, 152 (Tex. App.—Houston [14th Dist.] 2020,
no pet.). The jury may choose to believe or disbelieve all or part of a witness’s testimony,
and, to the extent conflicts in the evidence exist, we presume the jury resolved any
conflicts in the evidence in favor of the prevailing party. See Marshall v. State, 479 S.W.3d
840, 845 (Tex. Crim. App. 2016) (“We defer to the jury’s finding when the record provides
a conflict in the evidence.”); see also Green, 607 S.W.3d at 152. Accordingly, we hold that
the evidence is sufficient to support Guadron’s conviction for continuous family violence
under section 25.11 of the Texas Penal Code. See TEX. PENAL CODE ANN. § 25.11(a); see
also Zuniga, 551 S.W.3d at 732-33. We overrule Guadron’s first issue.
Reformation of the Judgment
In his second issue, Guadron asserts that the judgment of conviction should be
reformed to reflect the proper statutory provision for the offense. The State agrees.
The judgment of conviction states that the statute for the offense is section 25.11(e)
of the Texas Penal Code. Section 25.11(e) provides that the punishment for an offense
under section 25.11 is a third-degree felony, whereas section 25.11(a) outlines the
elements for the offense of continuous family violence. See TEX. PENAL CODE ANN. §
25.11(a), (e). We therefore modify the judgment of conviction to reflect that the statute
for the offense is section 25.11(a). See TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26,
27-28 (Tex. Crim. App. 1993); Nolan v. State, 39 S.W.3d 697, 698 (Tex. App.—Houston [1st
Dist.] 2001, no pet.) (“An appellate court has the power the correct and reform a trial court
Guadron v. State Page 8
judgment ‘to make the record speak the truth when it has the necessary data to do so, or
make any appropriate order as the law and nature of the case may require.’” (quoting
Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.—Dallas 1991, pet. ref’d))). Accordingly,
we sustain Guadron’s second issue.
Conclusion
Having sustained Guadron’s second issue, we modify the judgment of conviction
to reflect that the statute for the offense is section 25.11(a) of the Texas Penal Code. We
affirm the judgment of conviction as modified.
STEVE SMITH
Justice
Before Chief Justice Gray,
Justice Johnson,
and Justice Smith
Affirmed as modified
Opinion delivered and filed May 10, 2023
Do not publish
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