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Werner v. State

The appellant challenges a jury finding of guilt on charges of alleged stalking. Denial of the appellant's pre-trial motion invoking his right to a severance of the two separately charged offenses of stalking was in error. The fact that the evidence of one charged offense may have been admissible under Texas Rule of Evidence 404(b) in the trial of the other charged offense is no proof that appellant was not harmed by being forced to proceed to trial under both together. In fact, it is some suggestion of the opposite. The trial court's judgment in each cause is reversed and remanded. Houston's 1st Court of Appeals, No. 01-11-00464-CR, 02-21-2013.

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OPINION

Appellant, Dieter Heinz Werner, was charged with stalking in two separate indictments.*fn1 Appellant pleaded not guilty. After the jury found appellant guilty on both offenses, the trial court assessed punishment at 10 years’ confinement on each offense, to run concurrently. In seven issues, appellant argues (1) the trial court erred by denying his motion to have the two indictments severed and tried separately; (2) the trial court erred by denying his motion to suppress statements he made to a police officer; (3) the trial court improperly admitted certain evidence and improperly excluded other evidence; (4) the trial court abused its discretion by denying his request for a jury instruction; (5) the trial court abused its discretion by denying his request to charge the jury on lesser included offenses; (6) the evidence in support of the first indictment was factually insufficient; and (7) the evidence in support of the second indictment was legally and factually insufficient.

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