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Click here for the full text of this decision FACTS:At about 3:00 a.m. on Dec. 29, 2003, police and emergency medical personnel arrived at James Kevin Yost’s residence in response to a 911 call for assistance with a sick child. At the home, they discovered 12-year-old Anna Farmer’s body on the floor by her bed. Her body was cold, and rigor mortis had already begun to set in. Bridget Farmer, Anna’s mother and Yost’s common-law wife, testified to the events leading up to Anna’s death. According to Bridget, Yost had a history of isolating and abusing Anna. He kept Anna locked in her bedroom, and she was not allowed to speak to her siblings. He even forbade Anna’s mother from speaking to her. At Yost’s orders, Anna did not attend school but spent her days accompanying him to his work tending a booth at a flea market or copying verses from the Bible. At times Yost would not allow her to use the restroom, telling her to use her bedroom instead. According to Bridget, Yost punished Anna by forcing her to take cold showers or beating her. In one such episode, he paddled her with a board so hard that Anna’s skin split and bled. In another instance, he struck Anna’s head with such force that she had swelling and black eyes for over a week. After both of these incidents, Yost told Bridget that he had lost his temper because Anna “fought” him. Bridget further testified that Yost would not allow her to seek medical treatment for Anna after these beatings. Moreover, she stated, Yost threatened to kill Anna if Bridget left him. On the day of Anna’s death, Yost arrived home at approximately 5:00 p.m., turned on the heater and went into Anna’s room. Although the air conditioning and heating unit muffled the sound, Bridget heard three bumps against Anna’s wall and heard Anna say, “Ouch.” Bridget testified that a short time later, Yost came out of Anna’s room looking scared and told Bridget that Anna was not breathing. According to Bridget, “[Yost said] it wasn’t something he just did. It must have been something he did the day before.” Bridget said that she attempted to revive Anna but was unsuccessful. She further testified that Yost asked her to help him dispose of Anna’s body, but she refused. According to Bridget, she told Yost she wanted to call 911, but Yost did not allow her to do so and told her that if she did call that they would both go to prison. Bridget testified that Yost then gathered some of his belongings, the title to his truck, the telephones, the fax receiver and the keys to both vehicles. He instructed Bridget to wait until the next day before calling 911 to give him a head start and left at around 9 p.m. Several hours later, Bridget finally called 911. Anna had been dead approximately eight hours by the time police and other emergency personnel arrived. Authorities apprehended Yost at a Dallas motel on Jan. 1, 2004. Authorities returned Yost to Brazoria County and charged him with murder. They also charged Bridget with two counts of injury to a child by failing to provide Anna with proper nourishment and medical care. As part of a plea agreement, Bridget pleaded guilty to both counts, received 10 years of probation for each count, and agreed to relinquish her parental rights to her three remaining children. She also agreed to testify against Yost. After hearing the evidence, a jury found Yost guilty of murder and sentenced him to life in prison. Yost appealed, presenting three issues. HOLDING:Affirmed. In his first and second issues, Yost argued that Bridget presented uncorroborated accomplice-witness testimony that should have been excluded from evidence. Moreover, he stated, the remaining evidence was legally and factually insufficient to support his conviction. Under the accomplice-witness rule, the court stated, a defendant cannot be convicted based on the testimony of an accomplice unless the testimony is corroborated by other evidence tending to connect the defendant with the offense committed. The court examined whether Bridget was an accomplice as a matter of law, because Yost asserted that Bridget’s crime of injury to a child is a lesser-included offense of murder. The court, however, found that injury to a child is not a lesser-included offense of murder. Thus, Bridget was not an accomplice as a matter of law. The court then examined whether she was an accomplice as a matter of fact, defined as a person who participated with someone else before, during or after the commission of a crime. Even if the jury found Bridget to be an accomplice, the court stated that her testimony was amply corroborated. Thus, the court found that legally and factually sufficient evidence supported the verdict. In his third issue, Yost contended that the trial court erred in submitting a jury charge which did not require unanimity regarding whether he intentionally and knowingly caused Anna’s death or intended to cause Anna serious bodily injury and caused her death by committing an act clearly dangerous to human life. But the court overruled Yost’s issue on grounds that Texas Penal Code �19.02(b)(1), the statute under the jury convicted Yost, did not describe different offenses, but merely set forth different methods of committing the same offense. OPINION:Guzman, J.; Anderson, Hudson, and Guzman, J.J.

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