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DeLeon v. State

A jury found the appellant guilty of failing to appear in accordance with the terms of his release in a felony case. The evidentiary sufficiency rules and presumptions discussed in appellate opinions are non-statutory vehicles employed by appellate courts to review the sufficiency of the evidence. Although it is proper for such rules or presumptions to be employed on appeal, it is an improper comment on the weight of the evidence for a trial court to include them in its charge to the jury. The trial court erroneously commented on the weight of the evidence in its charge and, by doing so, effectively instructed the jury that there was sufficient evidence to convict appellant. This error vitally affected appellant's defense, denying him a fair and impartial trial. The judgment of conviction is reversed and the cause is remanded for a new trial. Austin Court of Appeals, No. 03-10-00257-CR, 09-01-2011.

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OPINION

A jury found appellant Michael Anthony Deleon guilty of failing to appear in accordance with the terms of his release in a felony case and assessed punishment at nine years’ imprisonment and a $5000 fine. See Tex. Penal Code Ann. § 38.10 (West 2003). Appellant brings forward two grounds for relief, one of which is that the trial court improperly commented on the weight of the evidence in its jury charge. We sustain this contention and reverse the judgment of conviction.

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