2025-05-09

TO THE HONORABLE COURT OF APPEALS:

COMES NOW DARRELL R. CAREY the undersigned attorney of record
for Appellant, and makes and files this, his ANDERS BRIEF FOR APPELLANT, and would show this Honorable Court as follows, to-wit:

PRELIMINARY STATEMENT

This is an appeal from the 4 7th District Court of Randall County, Texas, the Honorable Dee Johnson, Judge presiding. This is an Anders appeal. See Anders v. California, 386 U.S. 738 (1967). Appellant pleaded not guilty .. The jury found the appellant guilty of AGG. ASSAULT WITH DEADLY WEAPON. His punishment was set at ten (10) years TDCJ by the court and ordered to pay $75,000.00

STATEMENT OF THE CASE

TRIAL

Rosalinda Wilson testified that she heard loud talking outside her house when she investigated she found someone lying in her driveway, asking her to call for help ( R.R. vol. 2, pp 98.) She called 911, and the police responded.

Lucas Enriques testified that he was an officer with the Amarillo Police Department and on August 31, 2022 received a call about somebody with a broken leg. He saw a man lying in a driveway Based on what he knew the officer began to look for Jerrod Standridge

Tyler Brown testified that he worked as an officer for Amarillo Police Department. He located the vehicle tracks in the yard at 2818 Barbara Street, he also located a small black Ruger 380 pistol and a fixed blade knife. In the same area he located blood droplets in the grass. Blood was located behind a vehicle in the driveway at 2818 Barbara, he also found a black knife sheath and wallet.

Susan Dorris testified that she was an officer with the Amarillo Police Department. She took photos of the scene that were admitted into evidence. She observed Bradly Caple's injuries at the hospital, Caples had a swollen eye, an injured left ear, and some scrapes. This officer met Toni, who is Bradly Caple's wife. Toni gave the officer a copy of a ring doorbell video.

Toni Arend testified that she is married to Bradly Caple (R.R. vol. 3, pp 51). She further testified that on August 31, 2022. Bradley was drinking on the porch with Jerrod Standridge. After a while they were gone from the porch ( R.R. vol. 3, pp 52-54). Toni drove to a bar to look for her husband (R.R. vol. 3, pp 55). Jerrod later rang the doorbell and woke her up (R.R. vol. 3, pp 57). Jerrod had a small mark on his stomach and was looking for Bradly (R.R. vol. 3, pp 57-58). Toni described Bradly's injuries that included a broken leg (R.R. vol. 3, pp 62).

Bradly Caple testified that he had some issues with alcohol. Jerrod Standridge came over to Caples house on August 31 to hang out and drink (R.R. vol. 3, pp 78). After about an hour the two left and went to a bar (R.R. vol. 3, pp 80). They stayed at the Circus Room until closing time. Caple went to get his gun out of the truck and leave to his house, but Standridge wanted to go to his house. Standridge started driving to his house and when Caple realized that, he wanted out of the truck to go to his own house, at some point Caple got out of the truck and started walking home. Standridge drove back to Caple and said he would take Caple home. Again, Standridge refused to take Caple home and began hitting Caple in the face. Caple said if you keep hitting me I will hurt you, then Standridge bit the top of Caple's ear off, then Caple tried to stab Standridge.

Caple was able to exit the vehicle, but Standridge backed up and bit Caple with the open car door, once or twice. Standridge yelled "I'll fucking kill you" and then hit Caple with the truck. Standridge got out of his pick up and walked over to Caple and kicked him in the face 2 or 3 times, and took ms wallet and dug through it. Caple crawled to three houses trying to get help and then things got blurry. Caple called Standridge's son retarded, that started the fight. The vehicle was completely stopped when Caple got out

Thomas Frock testified that he worked for the Amarillo Police Department. He further testified that he went to Jerrod Standridge's house and did not find him.

Robin James testified that he was a sergeant for the Amarillo Police Department and he was the detective in the case. He never talked to Standridge.

The jury found the appellant guilty of aggravated assault with a deadly weapon

On punishment 3 witnesses testified. Bobby Bruhn testified that she was a DA investigator and fingerprint comparison expert (R.R. vol. 4, pp 5). Bruhn identified appellants' prints on a prior case 49,036-E for aggravated theft over $1,500.00 (R.R. vol. 4, pp 8). Bruhn identified appellant's fingerprints in a prior
case 15827-A for unauthorized use of a motor vehicle (R.R. vol. 4, pp 9).

Bruhn identified appellant's fingerprints in a prior case 2003-0581-L for aggravated theft by check ( R.R. vol. 4, pp 12-13). Bruhn identified appellant's fingerprints in a prior case 41,894 for theft (R.R. vol. 4, pp 14-15). Bruhn identified appellant's fingerprints in a prior case 66,361-D for aggravated robbery (R.R. vol. 4, pp

15-16). Bruhn identified appellant's fingerprints in a prior case A-4973-23-02 for possession of a controlled substance (R.R. vol. 4, pp 17-18). Britt Roberson testified that in 2012 he worked at a Sonic on Tascosa Road. On November 29, 2012 a customer pulled a gun and demanded all his money (R.R.
vol. 4, pp 20-23).

Bradly Caple was recalled as a witness he testified that his medical bills were around $100,000.00 (R.R. vol. 4, pp 25-26). He testified he had left ear hearing loss, migraines, and equilibrium problems, and he walks with a limp (R.R. vol. 4, pp 26-27).

The court sentenced the appellant to 10 years TDCJ (R.R. vol. 4, pp 33).