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Smith v. State

For a comment to be the result of custodial interrogation, the words or actions utilized by the police must not only be of the ilk which the officer should know are reasonably likely to elicit an incriminating response but also have some compulsive effect.

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Jimmie Ladale Smith (appellant) appeals his conviction for aggravated sexual assault. Through three issues, he contends that 1) the trial court erred by admitting into evidence a statement given by appellant in violation of the Texas Code of Criminal Procedure, 2) the trial court erred by failing to charge the jury on lesser included offenses and 3) the evidence was legally and factually insufficient to support his conviction. For reasons stated below, we affirm the judgment.

Background

Appellant, during the early morning hours of April 30, 1998, entered a convenience store in Levelland, Texas. Linda Collum (Collum) was working as a clerk that evening. Another person, a female, was in the store at the time appellant entered and solicited a ride. The female agreed to provide him one, and the two individuals left. However, appellant returned approximately 30 minutes later. As Collum was walking past appellant, he grabbed her by the front of her shirt, told her to get down on the floor, and pushed her straight back. She landed on her back as her glasses flew off and hit the ground. Appellant again grabbed Collum, this time by the arm and pushed her down. Though Collum told him that there was money in the register, appellant responded that he had money and did not need any. At that point, according to Collum, she became afraid that appellant was going to try to harm her. Collum began to twist away from appellant as he tried to pull her back. During this struggle, Collum activated an alarm on a chain that she had worn around her neck.

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