on or about the 16th day of February, 2010, and before the presentment of the indictment, in Dallas County, Texas, a county adjoining Rockwall County, did then and there, acting to promote or assist the commission of the offense, solicit, encourage, direct, or aid Veronica Medrano to vote in an election in which Veronica Medrano knew she was not eligible to vote, to wit: Veronica Medrano voted in the March 2010 Dallas County Primary Election when she did not reside in the precinct in which she was voting . . . .
(emphasis added).
Appellant argues the indictment failed to allege Veronica was not a resident of the territory covered by the election; rather, it alleged she did not reside in the precinct in which she was voting. Appellant argues that because a qualified voter registered in Dallas County can vote at any polling place during early voting, the fact that Veronica voted when she did not “reside in the precinct in which she was voting” was not an offense and did not make her ineligible to vote. Consequently, he concludes the indictment failed to state an offense. We disagree.
In Duron v. State, 956 S.W.2d 547 (Tex. Crim. App. 1997), the defendant was indicted on a charge of indecency with a child. The indictment contained all of the statutory elements comprising a criminal offense: it charged appellant, acting with intent to arouse his own sexual desire, had sexual contact with a child younger than seventeen years of age who was not his spouse. Id. at 551. The defendant, however, complained the instrument also contained factual allegations that, if true, established he was not guilty of the offense; in particular, the indictment alleged the sexual contact between appellant and the child occurred when appellant rubbed his penis between her legs. Id. Because legs were not included in the areas defined by sexual contact, the defendant argued the indictment did not charge the commission of an offense and did not confer jurisdiction on the trial court. Id.
The court of criminal appeals disagreed, concluding the indictment charged the commission of an offense. The court explained that regardless of the inclusion of factual allegations that arguably evidence the defendant’s innocence, “there is no doubt the State intended to accuse appellant of indecency with a child, and appellant does not claim otherwise.” Id.
Here, the indictment alleged Veronica voted when she did not reside in the precinct in which she was voting instead of alleging she did not reside in the precinct for which she was voting. Nevertheless, as in Duron, the indictment contained all of the statutory elements of illegal voting. Further, the caption clearly stated the offense as illegal voting, identified the election code provision, and identified it as a third-degree felony. That it contained a factual allegation that might arguably evidence appellant’s innocence did not void the indictment. Appellant’s remedy was to object before trial so that it could be amended. We overrule the fourth issue.
In his fifth, sixth, and seventh issues, appellant contends the evidence is insufficient to support his conviction. In particular, he argues the State failed to prove beyond a reasonable doubt that (1) he acted to promote the illegal voting of Veronica, (2) Veronica knew she was not eligible to vote, and (3) he knew Veronica was not eligible to vote.
In reviewing a challenge to the sufficiency of the evidence, we examine the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found the essential elements beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979). This standard accounts for the factfinder’s duty to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts. Clayton v. State, 235 S.W.3d 772, 778 (Tex. Crim. App. 2007). Therefore, when analyzing the sufficiency of the evidence, we “determine whether the necessary inferences are reasonable based upon the combined and cumulative force of all the evidence when viewed in the light most favorable to the verdict.” Id. Direct and circumstantial evidence are treated equally. Id.
As shown above, the indictment alleged appellant was a party to Veronica’s illegal voting. A person is criminally liable for an offense committed by the conduct of another if “acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense[.]” Tex. Penal Code Ann. § 7.02(a)(2) (West 2011). In determining whether appellant participated as a party, we may consider events occurring before, during, and after the commission of the offense to show an understanding and common design to commit a prohibited act. King v. State, 29 S.W.3d 556, 564 (Tex. Crim. App. 2000).
We begin with appellant’s fifth issue in which he contends the evidence is legally insufficient to support his conviction as a party because Veronica was an accomplice as a matter of law and the State failed to corroborate her testimony. Specifically, he argues the only evidence corroborating Veronica’s testimony was late-filed evidence that was improperly admitted. This evidence includes the Facebook conversation between Raquel and Nina, Veronica’s sister and cousin. But evidence, whether properly or improperly admitted, is considered in a legal sufficiency review, see Clayton, 235 S.W.3d at 778, and a challenge to the sufficiency of the evidence to corroborate the testimony of an accomplice is a challenge to the sufficiency of the evidence to support the verdict on guilt. Munoz v. State, 853 S.W.2d 558, 560 (Tex. Crim. App. 1993). Consequently, to the extent appellant suggests we cannot consider the Facebook evidence or any other evidence only because it was not timely filed, we disagree.
To support a conviction based on the testimony of an accomplice, there must be corroborating evidence that tends to connect the defendant with the offense. See Tex. Code Crim. Proc. Ann. art. 38.14 (West 2005). Corroboration is not sufficient if it merely shows the offense was committed. Id. In making our review, we eliminate all of the accomplice testimony from consideration and then examine the remaining portions of the record to see if there is any evidence that tends to connect the accused with the commission of the offense. Castillo v. State, 221 S.W.3d 689, 691 (Tex. Crim. App. 2007).
The corroborating evidence need not be sufficient by itself to establish guilt; there simply needs to be “other” evidence “tending to connect” the defendant to the offense alleged in the indictment. Id. It may confirm a “mere detail” rather than the elements of the offense. Lee v. State, 29 S.W.3d 570, 577 (Tex. App.—Dallas 2000, no pet.). Even “apparently insignificant incriminating circumstances” may provide sufficient corroboration. Trevino v. State, 991 S.W.2d 849, 852 (Tex. Crim. App. 1999). We look at the particular facts and circumstances of each case and consider the combined force of all the non-accomplice evidence that tends to connect the accused to the offense. Smith v. State, 332 S.W.3d 425, 442 (Tex. Crim. App. 2011). Judicial experience shows that no precise rule can be formulated as to the amount of the evidence that is required to corroborate the testimony of an accomplice. Gill v. State, 873 S.W.2d 45, 48 (Tex. Crim. App. 1994).
The Facebook evidence, by itself, corroborates Veronica’s testimony that appellant was a party to her illegal voting. In the message, Raquel tells Nina that (1) appellant asked her and Veronica to change their address to the Douglas Avenue address so they could vote for him for JP, (2) after they voted for appellant, they were told to say they lived on Douglas Avenue if anyone questioned them, (3) Veronica met with appellant and other family members the night before she was to testify “to go over some questions that she would be asked and how to answer them” at the civil trial, and (4) Veronica did not “say what she was supposed to say.” [4]
This evidence corroborates Veronica’s testimony that appellant asked her to register to vote using Douglas Avenue as her residence address, where she did not reside and did not intend to reside, so that she could vote for him. It also corroborates her testimony that appellant told her to say she lived on Douglas Avenue if anyone questioned her. Finally, it corroborates her testimony about the meeting at which appellant and other family members encouraged her to lie at the election contest trial about her residency.
In addition to the Facebook message, other corroborating evidence exists. Robert Medrano, who was also charged with illegally voting using an address at which he did not reside, testified appellant called him to go vote, a circumstance similar to Veronica’s testimony that appellant called to remind her to vote. Robert, who is Veronica’s cousin, also said that after the investigation began, appellant told him if they “stuck” together, “everything will be okay.” This supports Veronica’s testimony that appellant told her to say she lived on Douglas Avenue and encouraged her to lie about her residence at the civil trial. Finally, voting records establish that appellant cast his vote five people before Veronica and Raquel at the same polling place, which supports Veronica’s testimony that appellant took her and Raquel to vote.
Disregarding Veronica’s testimony, we conclude there was sufficient evidence tending to connect appellant as a party to the offense. Further, when we consider all of the evidence, including Veronica’s testimony, we conclude the evidence is sufficient to establish appellant solicited, encouraged, directed, or aided Veronica to vote. We overrule the fifth issue.
In his sixth issue, appellant contends the evidence is insufficient to prove that Veronica knew she was not eligible to vote. Appellant argues the State was required to prove Veronica knew she was voting and subjectively knew she was “not legally authorized to vote.” He argues the State failed to prove the latter “because all of the evidence was that she did not know” she was ineligible to vote. As evidence, he directs us to the testimony of Veronica and Bloodworth.
The State challenges the premise of appellant’s argument––that it must prove Veronica knew she was ineligible rather than proving she knew the circumstances rendering her ineligible. The State asserts Veronica knew she never lived on Douglas Avenue nor intended to, nevertheless registered to vote from that address, and knew she was not a resident of Douglas Avenue on the day she registered and the date she voted. It argues that the “gist” of appellant’s argument is “that if Veronica did not know what she was doing was illegal, she cannot have voted illegally.” We agree with the State.
Section 64.012 provides four different ways that a person can commit illegal voting. Tex. Elec. Code Ann. § 64.012(a). One way is to vote in an election in which a person knows she is not eligible to vote. Id. § 64.012(a)(1). To be eligible to vote in an election in this state, a person must, among other things, “be a resident of the territory covered by the election for the office or measure on which the person desires to vote.” Id. § 11.001(a)(2). Thus, in this case, we conclude the State was required to show Veronica voted in an election knowing she was not a resident of the territory covered by the election for the office on which she desired to vote.
We find support for our conclusion in Thompson v. State, 26. Tex.App. 94, 9 S.W. 486, 486 (1888), a case with similar circumstances. In Thompson, the defendant, a felon, was charged with illegal voting. At the time, the law disqualified any person convicted of a felony from voting. See Act approved Aug. 23, 1876, 15th Leg., R.S., ch. 166, § 13, 1879 Tex. Gen. Laws 252, reprinted in 8 H.P.N. Gammel, The Laws of Texas 1822–1897, at 307 (Austin, Gammel Book Co. 1898) (version found at Tex. Rev. Civ. Stat. Ann. art. 1687, 1879 codification). The penal code in effect at the time provided: “If any person knowing himself not to be a qualified voter, shall, at any election, vote, or offer to vote, for any officer to be then chosen, he shall be punished by confinement in the penitentiary not less than two nor more than five years.” Tex. Penal Code art. 165 (1879 codification).[5]
At his trial, the jury was instructed that “[i]f the defendant had been convicted of an assault with the intent to murder, as alleged in the indictment in this cause, and if he knew at the time he so voted that he had been so convicted, such knowledge of his conviction would be equivalent in law to knowing himself not to be a qualified voter.” Thompson, 9 S.W. at 486. The defendant argued on appeal that the instruction was “erroneous in principle” and was a comment on the weight of the evidence. The court concluded the instruction was “correct and unobjectionable, ” explaining that everyone is conclusively presumed to know the law. Since the defendant knew he had been convicted of assault with intent to murder, the court explained it must be conclusively presumed he knew the legal consequences of his conviction, one being he was not qualified to vote. Id.
In Thompson, the defendant was charged with voting “knowing” he was not a “qualified voter, ” and here, Veronica was charged with voting when she knew she was not an eligible voter.
Just as the State did not need to prove that Thompson knew the offense was a felony or that he was therefore not qualified to vote (only that he knew he had been convicted of an assault with the intent to commit murder), the State did not need to prove Veronica subjectively knew she was not eligible to vote; it needed only to prove she voted in the March 2010 Dallas County Primary Election when she knew she was not a resident of the precinct for which she was voting. Ignorance of the law is no excuse. Id.
The evidence showed Veronica lived in Mesquite, registered to vote using the Douglas Avenue address covered by the JP precinct for which appellant was running, voted in the election as a resident of that precinct, and knew when she registered to vote and when she voted that she was not a resident of Douglas Avenue and did not intend to reside there. Consequently, the State provided evidence beyond a reasonable doubt that Veronica knew the facts making her ineligible to vote, which is all that was required.
But even if we were to conclude to the contrary, there was sufficient evidence from which the trial court could have found beyond a reasonable doubt that Veronica had such subjective knowledge. Although Veronica testified she did not know she was ineligible to vote, the trial court did not have to believe her, particularly in light of her other testimony that she knew she falsely represented on her voter registration application that she lived at the Douglas Avenue address when she did not live there or intend to live there, knew she did not reside there when she voted, knew she was not a resident of the precinct in which appellant ran when she voted, and knew she had to lie on her voter registration card to vote in the election. Moreover, immediately above her signature on her voter registration application was a statement warning her that “giving false information to procure a voter registration is perjury” and a crime under state and federal law. On her early voting form, Veronica affirmed she lived in the precinct and that she “did not deliberately provide false information to secure registration in a precinct in which” she did not reside. The evidence shows Veronica knew she had to lie about her residency to vote for appellant, and the trial court could have found, after considering all the circumstances, that Veronica knew she was not eligible to vote in appellant’s race. We overrule the sixth issue.
In his seventh issue, appellant contends the evidence is insufficient to prove he knew Veronica was not eligible to vote. He argues “all the evidence” showed that Veronica told her sister, father, and great-uncle she intended to move in with Rolando at the Douglas Avenue address, so there was “no way” for appellant to know her “true intent” or that she would never move.
Initially, we note Veronica testified she did not intend to reside with Rolando and she did not tell anyone she intended to reside with Rolando. Supporting Veronica’s testimony regarding her intent were all the documents showing her residence as 2408 Boardwalk in Mesquite. To the extent other witnesses’ testimony conflicted with this, it was for the trial court, as factfinder, to resolve the inconsistency.
Moreover, as to appellant’s knowledge, the trial court could consider evidence that appellant asked Veronica to change her address so she could vote for him, told her to say she was living on Douglas Avenue if anyone asked, and participated in a meeting at which family members told her how to answer questions at the civil trial and told her to say she lived on Douglas Avenue. Veronica’s testimony regarding appellant’s part in her illegal voting was circumstantially substantiated by Robert Medrano, who testified that appellant assured him if they would stick together, everything would be okay. Finally, a portion of appellant’s grand jury testimony was admitted into evidence. There, appellant testified he knew it would be illegal for Veronica to vote for him if she lived in Mesquite rather than on Douglas Avenue in Dallas. Considering the evidence in the light most favorable to the verdict, we conclude it is sufficient to establish beyond a reasonable doubt that appellant knew Veronica was not eligible to vote. We overrule the seventh issue.
In his eighth issue, appellant contends the trial court abused its discretion in admitting thirty-seven exhibits as business records. He asserts the records should have been excluded because the State failed to comply with Texas Rule of Evidence 902(10), which requires the records and authenticating affidavits be filed with the clerk of the court at least fourteen days before commencement of trial. See Tex. R. Evid. 902(10). He asserts the records and affidavits were filed after trial commenced.
We will not reverse a trial court’s decision to admit evidence absent a clear abuse of discretion. McCarty v. State, 257 S.W.3d 238, 239 (Tex. Crim. App. 2008). The trial court abuses its discretion when the decision lies outside the zone of reasonable disagreement. Id.
Here, the record shows that on December 29, 2011, appellant and seven family members appeared before the trial court, entered not guilty pleas, and waived their right to a jury trial. Both the State and defense announced ready, and the State called Bloodworth, who testified briefly and provided some evidence against each defendant. The trials were scheduled to reconvene in February, beginning with appellant’s trial.
The trial court explained the process being used was to facilitate the scheduling of all the related cases and to “foreclose either the State or defense” from changing their jury elections once verdicts were announced in the early cases. The defense notified the trial court it had filed several discovery motions, and the parties agreed to use the date the trial would reconvene, February 14, as the date it would count back from for discovery deadlines, or January 24, 2012.
On January 23, 24, and 26, 2012, the State filed business records affidavits for the complained-of evidence with the clerk. The evidence included the Facebook conversation between Raquel and Nina. When trial reconvened on February 14, appellant objected that the State did not file the business records fourteen days before the trial commenced on December 29. The State responded that the “procedures for this whole case relied upon, operated, with today, February 14th, as the first trial date” and that “all the parties acted in December with the right to reserve pretrial issues such as filings, motions, discovery” and “used 20 days from today’s date, February 14th, as the deadline for things to be filed, tendered, discussed, followed, et cetera.” Further, the State asserted that the “particular procedure” used was to “invoke jeopardy” and was implemented “with the understanding that neither party would be prejudiced.”
The trial court agreed with the State, saying that both sides relied on the “unusual” manner in which the trials were started. The trial court stated that the “intent” for all pretrial matters was to use February 14 and “go back 20 days” as the “drop-dead date.” In overruling the objection, the trial court explained the case was started for “procedural purposes” on the “Court’s wishes” in December, and there were discussions both on and off the record that neither side “would have any problems with regard to complying with statutory mandates because we were going to pick the date of the first trial, which is today, go back 20 days from there. And that was when all of these legal matters must be filed or brought to – whatever the law requires at that point in time.”
On appeal, appellant argues any agreement on discovery would not include rule 902(10), which prescribes a procedure for “converting inadmissible hearsay into admissible evidence.” Further, he argues the State should have sought an express waiver of the rule’s deadline. We cannot agree. After reviewing the record, and the trial court’s comments regarding the party’s agreement, which was based at least in part on off-the-record discussions, we conclude the trial court did not abuse its discretion in admitting the evidence. We overrule the eighth issue.
We affirm the trial court’s judgment.
JUDGMENT
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
———
