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Derrick Deran Jones v. the State of Texas

2026-09-30

Authorities cited

Opinion

majority opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

NO. 09-24-00318-CR

DERRICK DERAN JONES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. F23-41594

MEMORANDUM OPINION

Derrick Deran Jones was indicted for robbery, a second-degree felony. See

Tex. Penal Code Ann. § 29.02(a)(2), (b). Jones pleaded “true” to two enhancement

paragraphs, and the jury convicted Jones and assessed his sentence as life

imprisonment in the Texas Department of Criminal Justice.

On appeal, Jones argues the trial court committed reversible error in admitting

irrelevant evidence of injuries sustained in an extraneous offense, complains that the

jury did not make a determination regarding the enhancement paragraphs resulting

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in a void punishment sentence, and contends that the punishment exceeds what is

allowed by Texas Penal Code section 12.33. See id. § 12.33 (outlining second-degree

felony punishment). We affirm the judgment.

Background

Several witnesses testified at trial, but we will discuss only the background

facts necessary for the determination of the issues on appeal. See Tex. R. App. P.

47.1 (requiring appellate court to hand down an opinion as brief as practicable that

addresses all issues necessary to the appeal’s resolution). In the early morning hours

of December 31, 2022, Andisha Savoy was working at a gas station in Beaumont.

Savoy was on her phone with her cousin when she was robbed. Her cousin called

911 to report the robbery. The robber left the store before law enforcement arrived.

In court, Savoy identified Jones as the person who robbed her that night.

Later on December 31, law enforcement received a “priority disturbance” call

regarding a robbery at a Family Dollar store in Beaumont. The suspect in the Family

Dollar robbery was wearing clothes like the suspect in the gas station robbery.

Jamesha Joseph was working at the Family Dollar as an assistant manager on

December 31. The robbery occurred a little after eight in the morning, right after

Joseph opened the doors to the store. Joseph identified Jones in court as the robber.

Jones hit Joseph in the head multiple times with a gun during the robbery. Jones then

took Joseph to the store’s safe, took the money from the safe and exited the store,

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where police were waiting and he was arrested. When shown a picture of the person

who robbed the gas station earlier that day, Joseph identified that person as Jones,

stating he was wearing the same hat when he robbed the Family Dollar store. The

trial court gave the jury a limiting instruction on Joseph’s testimony regarding

extraneous offenses.

At the conclusion of trial, the jury found Jones guilty of robbery. In the

punishment phase of the trial, Joseph pleaded “true” to two enhancement paragraphs,

and the jury sentenced Jones to life imprisonment in the Texas Department of

Criminal Justice. Joseph timely filed this appeal.

Issue One

In his first issue, Jones argues that the trial court erred by admitting extraneous

offense evidence. Jones complains that Joseph’s testimony that Jones harmed her

during the robbery at the Family Dollar store was irrelevant and that he was “entitled

to be tried before the jury upon the allegations in the indictment, not upon irrelevant

matters that were not germane to the decision of the jury.”

Error preservation is a systemic requirement and must be reviewed by an

appellate court, even when the issue is not raised by the parties. Bekendam v. State,

441 S.W.3d 295, 299 (Tex. Crim. App. 2014). Texas Rule of Appellate Procedure

33.1 governs error preservation. See Tex. R. App. P. 33.1. A party cannot present a

complaint for appellate review unless the record shows that the party timely objected

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or made a motion stating the grounds for the requested ruling, unless the grounds

were apparent from the context. Id. 33.1(a)(1)(A); see Null v. State, 690 S.W.3d 305,

318 (Tex. Crim. App. 2024). A party must also obtain a ruling from the trial court

or object to the trial court’s refusal to rule on the objection. Tex. R. App. P.

33.1(a)(2); Null, 690 S.W.3d at 318. Requiring a timely, specific objection serves

two purposes: (1) it informs the judge of the basis of the objection and gives him a

chance to rule; and (2) it provides opposing counsel an opportunity to respond to the

complaint. Null, 690 S.W.3d at 318 (quoting Williams v. State, 662 S.W.3d 452, 460

(Tex. Crim. App. 2021)).

Generally, a party must continue to object each time inadmissible evidence is

offered. See Martinez v. State, 98 S.W.3d 189, 193 (Tex. Crim. App. 2003) (quoting

Ethington v. State, 819 S.W.2d 854, 858 (Tex. Crim. App. 1991)); see also Tex. R.

App. P. 33.1. The exception to this is when a party obtains a running objection, or

the court hears the objection outside the jury’s presence. See Martinez, 98 S.W.3d at

193. Any harm from the erroneous admission of evidence is cured where the same

evidence comes in elsewhere without objection. Lane v. State, 151 S.W.3d 188, 193

(Tex. Crim. App. 2004) (quoting Valle v. State, 109 S.W.3d 500, 509 (Tex. Crim.

App. 2003)); see also Leday v. State, 983 S.W.2d 713, 718 (Tex. Crim. App. 1998)

(explaining that objection to evidence will not result in reversal when the same

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evidence was received without an objection, either before or after the complainedof ruling).

At trial, video footage obtained from Family Dollar taken during the robbery

was played for the jury as Joseph narrated what was happening. The video was

admitted without objection. Joseph testified without objection that during the

robbery, Jones hit her with a gun across the top of her head, leaving a large gash.

Jones’s trial counsel did not object until Joseph testified that it caused her pain. After

the trial court overruled Jones’s objection, Joseph continued to testify about her

injuries while the video played for the jury without any further objection from Jones.

Because Jones failed to request or obtain a running objection and failed to

timely object each time Joseph testified about her injuries, Jones failed to preserve

his complaint about that testimony. See Tex. R. App. P. 33.1(a)(1)(A); Null, 690

S.W.3d at 318. “[A] party must object each time the inadmissible evidence is offered

or obtain a running objection.” Valle, 109 S.W.3d at 509. Accordingly, we overrule

Jones’s first issue.

Issues Two, Three, and Four

In his second and third issues Jones challenges the validity of his life sentence

in the absence of jury findings determining the truth of two prior felony convictions

which served to enhance the allowable range of punishment. In his fourth issue, he

argues that without the enhancements, his life sentence exceeds the punishment

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range allowed by Texas Penal Code section 12.33 for a second-degree felony. See

Tex. Penal Code Ann. § 12.33 (providing a punishment range between two and

twenty years plus a fine not exceeding $10,000).

“‘[T]o establish that a defendant has been convicted of a prior offense, the

State must prove beyond a reasonable doubt that (1) a prior conviction exists, and

(2) the defendant is linked to that conviction.’” Henry v. State, 509 S.W.3d 915, 918

(Tex. Crim. App. 2016) (quoting Flowers v. State, 220 S.W.3d 919, 921 (Tex. Crim.

App. 2007)). However, when a defendant pleads “true” to an enhancement

paragraph, the State is relieved of its evidentiary burden to prove the enhancement

allegations, and the defendant cannot complain on appeal that the evidence is

insufficient unless the record affirmatively reflects that the enhancements were

improper. See Hopkins v. State, 487 S.W.3d 583, 586 (Tex. Crim. App. 2016) (citing

Roberson v. State, 420 S.W.3d 832, 838 (Tex. Crim. App. 2013)); see also Magic v.

State, 217 S.W.3d 66, 70 (Tex. App.—Houston [1st Dist.] 2006, no pet.) (explaining

that by virtue of appellant’s plea of true, the evidence was sufficient to support the

court’s finding the enhancement was true).

The record here reflects that Jones pleaded “true” to both enhancement

paragraphs. Without objection, copies of Jones’s two prior felony convictions were

admitted into evidence and described by a detective. The jury charge included the

following instruction:

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The additional Indictment allegations in paragraphs 2 and 3 as read into

the record before the jury allege that prior to the commission of this

offense the Defendant was previously convicted of at least two NonState Jail Felony offenses:

(1) Attempted Burglary of a Building-Third Degree on June 7,

1991, in Cause No. 46873-2, in the Criminal District Court of

Jefferson County, Texas;

(2) Attempted Murder-Second Degree on July 20, 1994, in Cause

No. 62435 in the Criminal District Court of Jefferson County,

Texas;

The Indictment also alleges that the hereinabove number (2) previous

felony conviction was for an offense which occurred after the

conviction number (1) hereinabove had become final.

To the additional allegations, the Defendant has entered pleas of True.

You are instructed that you shall find that the additional Indictment

allegations of Defendant’s prior convictions are True. Such constitutes

Defendant to be a Habitual Felony Offender under Texas law.

Despite instructing the jury to find that the two prior convictions were true,

the charge did not include a question asking the jury to do so. Instead, based on the

truth of the prior convictions, the charge asked the jury to assess either a sentence of

between twenty-five and ninety-nine years of imprisonment or a sentence of life

imprisonment. Jones did not object to the charge, and the jury assessed a sentence

of life imprisonment.

Jones does not argue that the record affirmatively establishes that the

enhancements were improper or that the prior convictions as charged in the

indictment were not sequential or final. Rather, Jones argues that the enhancements

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in the indictment were mere allegations “that must be proven and found to be true

by the fact-finder[.]” We disagree. Jones’s plea of “true” dispensed with the

necessity of evidence and jury findings that the prior convictions were true. An

argument similar to Jones’s was rejected in Howell v. State:

The trial court’s punishment charge consisted of two paragraphs. The

first paragraph recited that the jury had convicted the appellant of

aggravated robbery; the second, the range of punishment pursuant to

V.T.C.A., Penal Code, Sec. 12.42(c). The verdict forms gave the jury

two choices; life or a term of years. The jury assessed punishment at

fifteen years.

Here there was no issue as to the validity of the enhancement paragraph.

Appellant pled true, entered into a written stipulation that he was the

same named person previously convicted as alleged, and made no

objection to the introduction of the convictions. His rights were

adequately protected by the charge. Error, if any, was waived by his

failure to request the desired instructions and failure to object to the

charge as given.

[…]

It is appellant’s position that fundamental error was committed by the

trial court in accepting a verdict non-responsive to the allegations in the

indictment, as it does not indicate whether they found the enhancement

paragraph to be true, or whether the enhancing conviction formed a

basis for the conviction. There was no objection at trial.

As said earlier, the validity of the enhancement allegation was not in

issue. There was no need to submit its validity for the jury’s

consideration. The verdict, when read in connection with the indictment

and the court’s charge, is responsive.

563 S.W.2d 933, 936 (Tex. Crim. App. 1978) (citations omitted).

We overrule Jones’s second and third issues.

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In his fourth issue, Jones argues that without the enhancements, the trial

court’s punishment of life imprisonment exceeds the punishment range allowed by

section 12.33 of the Texas Penal Code. See Tex. Penal Code Ann. § 12.33. Because

the truth of the prior convictions was established by Jones’s plea, and because the

record does not affirmatively show that enhancement based on the prior convictions

was invalid, the allowable punishment range was properly enhanced pursuant to

section 12.42(d) of the Penal Code. See id. § 12.42(d).

Jones was found guilty of robbery, a second-degree felony, which ordinarily

carries a punishment range of two to twenty years. See id. §§ 12.33(a), 29.02 In

addition to imprisonment, a second-degree felony may be punished by assessing a

fine not to exceed $10,000. Id. § 12.33(b). Jones’s previous convictions included

two felony convictions, one for attempted murder and another for attempted burglary

of a building. See id. § 12.42(d). Jones pleaded “true” to both enhancement

paragraphs, thereby enhancing the allowable punishment range to twenty-five to

ninety-nine years or life imprisonment. See id. We conclude that Jones’s life

sentence and $10,000 fine for robbery with two prior felony convictions falls within

the applicable punishment range. See id. §§ 12.42(d), 29.02. We overrule Jones’s

fourth issue.

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Conclusion

Having overruled all Jones’s issues on appeal, we affirm the trial court’s

judgment.

AFFIRMED.

KENT CHAMBERS

Justice

Submitted on May 29, 2026

Opinion Delivered September 30, 2026

Do Not Publish

Before Golemon, C.J., Johnson and Chambers, JJ.

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