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Sauceda v. State

In appellant's first issue, he complains that showing the tattoos on his legs to the jury violated his right against self-incrimination. It has been repeatedly held that the display of the defendant's tattoos to the jury is not a violation of the right against self-incrimination. His tattoo is no less an identifying marker than the color of a person's eyes, the sound of his voice, or the color of his hair. More importantly, those are things that the accused can be compelled to disclose to the jury. Amarillo Court of Appeals, No. 07-09-0208-CR, 04-05-2010

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Opinion

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appellant Donovan H. Sauceda was convicted of three counts of aggravated robbery. In challenging those convictions, he contends the trial court erred in 1) requiring him to show his tattoos to the jury, 2) ordering restitution when it was not pronounced as part of the sentence, there was no evidence to support the restitution order, there was no reference to the victims’ names or addresses in the restitution order, and the fees and expenses claimed were not shown to be related to the offense, and 3) assessing payment of attorney’s fees without evidence that appellant has the money to pay them and without evidence of how the fees were determined. We modify in part and, as modified, affirm the judgment.

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