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Quinones v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 8, 2003
No. 05-01-01876-CR (Tex. App. Jul. 8, 2003)

Summary

In Quinones, the appellant argued the evidence was legally insufficient to support her conviction because the notary did not administer her oath when she signed her affidavit.

Summary of this case from Hardy v. State

Opinion

No. 05-01-01876-CR

Opinion issued July 8, 2003 Do Not Publish

On Appeal from the County Criminal Court No. 1, Dallas County, Texas, Trial Court Cause No. MA98-69299-A. AFFIRMED

Before Justices BRIDGES, O'NEILL, and FITZGERALD.


OPINION


Georgina Quinones appeals her perjury conviction. A jury convicted appellant and sentenced her to 180 days' confinement and a $2000 fine. In a single issue, appellant argues the evidence is legally insufficient to support her conviction. We affirm the trial court's judgment. On January 28, 1998, police were dispatched to a shopping mall in Dallas to investigate a missing child. Dallas police officer Reginald Matthews spoke with appellant and obtained a description of the missing child, appellant's son Joel. While the search continued, police brought appellant, her husband Juan Tejeda, her sister, and her sister's boyfriend to the police station to interview them. Appellant signed a statement that, earlier in the day, she and the others had gone to the mall and appellant's sister and her boyfriend took Joel with them. According to the statement, the sister's boyfriend asked where Joel was, appellant said she and her husband had not seen him, and "that's when everything started." Appellant's statement was notarized at the police station. Later that day, police interviewed Tejeda who told them another man had killed Joel and Tejeda had buried him in a swampy area in East Texas. Tejeda led police to the area, and police recovered Joel's remains. The jury convicted appellant of perjury, and this appeal followed. In a single issue, appellant argues the evidence is legally insufficient to support her conviction. Specifically, appellant complains no oath was administered to her by the notary and, therefore, the evidence is legally insufficient to show she made a false statement under oath as alleged in the information. When reviewing challenges to the legal sufficiency of the evidence, we apply well known standards. See Jackson v. Virginia, 443 U.S. 307, 319 (1979). A person commits perjury if, with intent to deceive and with knowledge of the statement's meaning, she makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath. Tex. Pen. Code Ann. § 37.02(a) (Vernon 2003). The record contains appellant's statement in the form of a notarized affidavit that she went to the mall on January 23, 1998 and appellant's sister and her boyfriend took Joel with them. However, the record indicates Joel was already dead when appellant went to the mall, and appellant's statement that Joel went to the mall was untrue. Making a false affidavit subjects one to the penalties of perjury. See Thorn v. State, 961 S.W.2d 12, 17-18 (Tex.App.-Dallas 1996, pet. ref'd). Though appellant argues no oath was administered, an affidavit is simply another way to manifest an oath. Martin v. State, 896 S.W.2d 336, 339 (Tex.App.-Amarillo 1995, no pet.). Under these circumstances, we conclude the evidence is legally sufficient to support appellant's perjury conviction. We overrule appellant's sole issue. We affirm the trial court's judgment.


Summaries of

Quinones v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 8, 2003
No. 05-01-01876-CR (Tex. App. Jul. 8, 2003)

In Quinones, the appellant argued the evidence was legally insufficient to support her conviction because the notary did not administer her oath when she signed her affidavit.

Summary of this case from Hardy v. State

reasoning that an affidavit is simply another way to manifest an oath

Summary of this case from Hardy v. State
Case details for

Quinones v. State

Case Details

Full title:GEORGINA QUINONES, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 8, 2003

Citations

No. 05-01-01876-CR (Tex. App. Jul. 8, 2003)

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