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Mechell v. State

The appellant was charged with aggravated kidnapping, injury to a child, and abandoning a child. Two days prior to trial, the indictment was amended to change the aggravating element of the aggravated kidnapping charge to the use or exhibition of a deadly weapon, that being a dumpster. The appellant made no objection to this change and waived the 10-day notice requirement. On the day of her trial, the appellant pleaded guilty to the offense of abandoning a child. The jury found her guilty of all three offenses, but appellant does not appeal the conviction and sentence for injury to a child. It is undisputed that the appellant used or intended to use the dumpster to hide the child. On the facts of this case, any rational jury could have found beyond a reasonable doubt that in the manner the appellant used or intended to use the dumpster, it was capable of causing death or serious bodily injury. Charging the appellant with the offenses of aggravated kidnapping and abandoning a child did not violate the prohibition against double jeopardy. The trial court's judgment is affirmed. Waco Court of Appeals, No. 10-10-00416-CR, 09-14-2011.

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IN THE TENTH COURT OF APPEALS

OPINION

Prisscilla Lorraine Mechell was charged with aggravated kidnapping, injury to a child, and abandoning a child. TEX. PENAL CODE ANN. §§ 20.04(b); 22.04; 22.041(b) (West 2011). Two days prior to trial, the indictment was amended to change the aggravating element of the aggravated kidnapping charge to the use or exhibition of a deadly weapon, that being a dumpster. Mechell made no objection to this change and waived the ten day notice requirement. See TEX. CODE CRIM. PROC. ANN. art. 28.10(a) (West 2006). On the day of her trial, Mechell pled guilty to the offense of abandoning a child. The jury found her guilty of all three offenses and assessed her punishment at 23 years, 5 years, and 20 years in prison, respectively. Mechell has not appealed the conviction and sentence for injury to a child. This appeal relates only to the other two offenses. Because the evidence is sufficient to support the jury’s deadly weapon finding and because her convictions for aggravated kidnapping and abandoning a child do not violate the Double Jeopardy Clause, we affirm the trial court’s judgment.

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