This criminal case was appealed from the 412th District Court in Brazoria County. Essentially, Andrew Woodard was the passenger in a car with Kevin Pepkins and Sherman Myers. They parked a boat dock and while Woodard waited in the car, Pepkins and Myers went to meet a Mr. Hien Ha Woodard stayed in the car. The purpose of the meeting was for Pepkins and Myers to conduct a drug deal. While Woodard was in the car he heard a gun shot and Pepkins and Myers returned to the car. Pepkins had Mr. Ha’s wallet. The next day, Mr. Ha’s body was found aboard a boat at the dock. Andrew Woodard was charged with one county of murder. While Woodaard was waiting to go to trial, Mr. Pepkins was convicted of the murder of Mr. Ha.
The district attorney tried Mr. Woodard for Murder, but when they got to trial they failed to indict him for any other charge. Even though they did not charge Mr. Woodard with conspiracy to commit aggravated robbery they asked for and received a jury charge that included aggravated robbery. The jury acquited Mr. Woodard of murder but convicted him of conspiracy to commit aggravated robbery.
The 14th court of appeals in houston reversed the case on the basis that a trial court has no jurisdiction to convict a defendant of an offense not included in the indictment. Although, the defense attorney did not object to the charge, the court found that including the improper charge was considered a fundamental error.
The only time that it is appropriate for a trial court to include a charge not contained in the indictment is when that charge is a lesser included offense of the actual charge.
David Breston is a Fort Bend County criminal defense lawyer. If you need a Fort Bend County Texas criminal defense attorney call David Breston at 713 224 4040.
