AFFIRM; and Opinion Filed June 6, 2013.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-11-00680-CR
JACOB WHEELER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause No. F10-57968-H
MEMORANDUM OPINION
Before Justices Bridges, O’Neill, and Murphy
Opinion by Justice O'Neill
Appellant Jacob Wheeler appeals his conviction for manslaughter. After finding
appellant guilty, the jury assessed punishment, enhanced by a prior felony conviction, at life
confinement. In a single issue, appellant contends the trial court erred in overruling his objection
to extraneous offense evidence admitted at punishment.
In the punishment phase, the State presented evidence that appellant confessed to several
extraneous offenses. Appellant asserts the trial court erred in admitting the extraneous offense
evidence because the State failed to present sufficient proof appellant committed the offenses.
See TEX. CODE CRIM. PROC. ANN. art. 37.07, § 3(a)(1) (West Supp. 2012). In particular, he
asserts the State failed to prove the “corpus delicti” of the extraneous offenses. The corpus
delicti doctrine requires that evidence independent of a defendant’s extrajudicial confession
show that the “essential nature” of the charged crime was committed by someone. Bible v. State,
162 S.W.3d 234, 246 (Tex. Crim. App. 2005). The corpus delicti doctrine is concerned with
preventing a conviction from being based solely upon a false confession. Id. at 247. When the
offense at issue is extraneous, offered at the punishment stage, no concern about the defendant’s
conviction arises. Id. Therefore, the corpus delicti doctrine does not apply to extraneous
offenses offered at the punishment phase. Cf. id.; see also Padron v. State, 988 S.W.2d 344, 346
(Tex.App.—Houston [1st Dist.] 1999, no pet.). We resolve the sole issue against appellant.
We affirm appellant’s conviction.
/Michael J. O'Neill/
MICHAEL J. O'NEILL
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
110680F.U05
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JACOB WHEELER, Appellant On Appeal from the Criminal District Court
No. 1, Dallas County, Texas
No. 05-11-00680-CR V. Trial Court Cause No. F10-57968-H.
Opinion delivered by Justice O’Neill.
THE STATE OF TEXAS, Appellee Justices Bridges and Murphy participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered this 6th day of June, 2013.
/Michael J. O'Neill/
MICHAEL J. O'NEILL
JUSTICE
–3–