Good News: No Fine. Bad News: Life Sentence.

Hodges v. State (Memorandum, Unpublished): Hodges went into his neighbor’s house, chased her out, and then assaulted her.  He was convicted of burglary of a habitation with intent to commit assault, a first degree felony.

Hodges appeals on two grounds.  First, he brings legal and factual sufficiency challenges.  Among other things, he contends that he had no intent to assault when he entered the house.  If he ever had that intent, it formed after the neighbor was out of her house.  The neighbor, of course, tells a different story.  According to her, the only reason she left her house was because Hodges was in it and obviously meant her harm. A classic “he said, she  said.”  The “she said” is enough evidence (both factually and legally) to support the conviction.

Now for the Good News/Bad News.  Let’s take the bad first.  Hodges had some previous convictions.  Under Section 12.42(d) of the Texas Penal Code, the jury found two enhancement paragraphs to be “true.”  That supports a life sentence.  The good? Since punishment was assessed under Section 12.42(d), and Section 12.42(d) doesn’t provide for fines, the $10,000 fine assessed by the trial court was set aside. 

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