Gordon v. State
| Citation | 767 S.W.2d 866 |
| Decision Date | 09 March 1989 |
| Docket Number | No. 11-88-173-CR,11-88-173-CR |
| Parties | Brent Thomas GORDON, Appellant, v. STATE of Texas, Appellee. |
| Court | Texas Court of Appeals |
The jury convicted Brent Thomas Gordon of aggravated sexual assault; 1 found that he used or exhibited a deadly weapon during the commission of the offense; assessed his punishment at confinement for a term of ten years and a fine of $8,000; and granted his request for probation. 2 We affirm. 3
Appellant presents nine points of error. The first eight points challenge the trial court's actions: (1, 2, 5, and 6) in overruling his first and second motions to suppress his videotaped confession and his handwritten and typewritten confessions; and (3, 4, 7, and 8) in admitting the confessions into evidence over his objections. The final point challenges the sufficiency of the evidence to support the conviction. All of the points have been considered and overruled.
Omitting the printed warnings and waivers and the signatures of appellant, the two witnesses, and the notary, the written confession reads in full as shown:
On April 03, 1987, I walked from the Apartment # 31 where I live down on 5th Street to the Hempstead Veterinary Clinic. I walked in the front door, I saw a female sitting behind the counter. I walked up, pulled a pistol out, I ask her where the money was and give it to me. I told the female to put her head down, not to look at me. After I got the money, I told her to go into the bathroom. Inside the bathroom, I told the female to take her clothes off. Once she removed her clothes, I decided to assault her. I told the female to bend over. I had a problem at first penetrating the female but I finally did so. I do remember I opened the bathroom window, I did this so I could hear if anyone came in. I also took the money out of her purse and I took her drivers license. I told the female I'm taking the drivers license so if you tell the police, I know who you are. I told the female to describe me as a white male, I can't remember what else. I left out the back door, ran down 5th Street towards Bremond. I turned left on Bremond. While I was running, I threw the females drivers license into the field on Bremond and 5th Street, Hempstead, Texas.
The written confession was first printed by a police officer, signed by appellant, and verified before the notary. Then the written confession was typewritten, signed, and verified. Both copies were admitted into evidence. There was a videotaped interview of appellant prior to the written confession. During the videotaped interview, appellant orally admitted the aggravated sexual assault and the aggravated robbery which are set forth in the written confession. The videotaped interview was edited to remove appellant's confession to other aggravated sexual assaults committed or attempted in connection with other aggravated robberies which appellant committed or attempted. The edited videotape was shown to the jury pursuant to TEX.CODE CRIM.PRO.ANN. art. 38.22, sec. 3(a) (Vernon Supp.1989).
Appellant argues that he was subjected to a "pretext arrest" and that the custodial interrogation was improper. Appellant cites Black v. State, 739 S.W.2d 240 (Tex.Cr.App.1987), in support of his position that the confessions should have been suppressed. As in Black, appellant was a suspect in several felony offenses, and he was arrested for a misdemeanor offense related to traffic violations. The plurality opinion in Black notes that it involved a "warrantless arrest" for several traffic violations and then held the "arrest for traffic violations was used as a pretext to either question him about or search for evidence of a murder." That case is distinguishable on its facts because the case now before us does not involve a "warrantless arrest." Appellant was arrested pursuant to an outstanding warrant for "failure to appear" in the Deer Park Municipal Court [in response to a speeding violation].
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Gordon v. State
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