James Leonard Tansimore v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledSeptember 24, 2026
Docket11-24-00250-CR
StatusPublished
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Full Opinion
Opinion filed September 24, 2026
In The
Eleventh Court of Appeals
__________
No. 11-24-00250-CR
__________
JAMES LEONARD TANSIMORE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 39th District Court
Haskell County, Texas
Trial Court Cause No. 7144
MEMORANDUM OPINION
The jury convicted James Leonard Tansimore of aggravated kidnapping and
assessed his punishment at confinement for ninety years in the Institutional Division
of the Texas Department of Criminal Justice and a fine of $10,000. See TEX. PENAL
CODE ANN. § 20.04(a)(4), (5) (West 2026). Appellant challenges his conviction and
sentence in three issues. In his first issue, he challenges the sufficiency of the
evidence supporting his conviction. In his second issue, he asserts that the trial court
erred by admitting evidence of his prior convictions without proper authentication.
In his third issue, Appellant contends that the trial court erred by denying his motion
to recuse the Haskell County District Attorney’s Office. We affirm.
Background Facts
Yvonne Paulette Hagle testified that she and Appellant were “lovers, friends”
and at the time of the incident, the two lived together on-and-off for approximately
three years in Munday. Hagle had a vehicle, but Appellant did not. When Hagle
needed to get to work, Appellant would use her vehicle to drop her off and then take
it to “do what he needed to.” On March 23, 2021, Appellant dropped Hagle off for
her shift at Haskell Healthcare at 2:00 p.m. She clocked out at 10:00 p.m., the end
of her shift, but Appellant did not pick her up until 10:40 p.m. Hagle was angry at
Appellant for arriving late because she had a shift that began the next morning at
5:45 a.m.
The two had a verbal altercation in the vehicle and Appellant eventually told
Hagle that she “wasn’t going to talk s--t to him because [she] had ruined his life.”
When Hagle asked how she had ruined his life, Appellant claimed that she had
contributed to him having to cut short a court settlement related to a previous lawsuit.
Appellant pulled the vehicle onto a dirt road behind Haskell Healthcare and told
Hagle to get out. Both she and Appellant got out of the vehicle and continued
arguing. Hagle stated that Appellant was drinking Budweiser and smoking Marlboro
Menthol cigarettes at that time.
Eventually, the two got back in the vehicle and Appellant drove toward
Munday. Appellant told Hagle that she was “going to die,” and he continued to
make similar threats as they drove down the highway. Hagle testified that this
terrified her. Appellant eventually turned off onto a dirt road outside of Weinert, a
town between Haskell and Munday, and pulled over. Hagle testified that Appellant
told her she was going to die that night. Appellant then told Hagle to get out of the
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vehicle and get into the trunk. She refused, and Appellant told her that she would
either get in willingly or he would force her into the trunk. When she continued to
resist, Appellant began trying to force Hagle into the trunk, resulting in several
injuries to her face, neck, and chest.
Ultimately, Hagle complied and got into the trunk, but when she heard
Appellant getting back into the vehicle, she pulled the safety latch inside the trunk
and got out. She began running toward the main road looking for passing vehicles,
and Appellant put the vehicle in reverse and backed up rapidly, attempting to run her
over. Hagle stepped out of the way to avoid being hit, and Appellant got out of the
vehicle, chased her down, and hit her in the back of the head. Hagle fell to the
ground, and as she was trying to get up, Appellant began pulling her back to the
vehicle by her hair and scrubs. As she fell, she sustained injuries to her knee and
hand, and Appellant pulled a large amount of hair out of the top of her head as he
dragged her back to the vehicle. An intense struggle ensued when Appellant
attempted to throw Hagle in the trunk again, and she did everything she could to stay
out of the trunk. Hagle hit the left side of her head on the trunk, resulting in a knot,
and she incurred bruising to her leg and arm.
After getting Hagle into the trunk again, Appellant shut the lid and drove off.
Hagle stated that she could hear the difference between the dirt road and when
Appellant reached the paved road again, and he continued to drive for an unknown
amount of time. She testified that she was terrified that she would die in the trunk,
and she feared that someone might not be able to find her. Appellant eventually
came to a stop outside of Weinert at a construction site, and when he let Hagle out
of the trunk, he told her that the location was “not a good enough place to kill [her].”
Appellant then stated that he was going to take her to Spencer, Oklahoma to a “hog
farm” where he would cut her into pieces, feed her to the hogs, and burn her vehicle.
At that time, Appellant was holding a silver pocketknife. He then made Hagle get
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back into the vehicle, but he allowed her to ride in the front passenger seat. At that
time, she was bleeding from the right side of her face.
They continued driving toward Munday, but Appellant kept telling Hagle that
he was taking her to Spencer, Oklahoma. At one point, Hagle reached for the door
handle, and Appellant said, “[b]---h, you make one more move toward[] that handle
and it’ll end right here or I’ll kill you.” Appellant had the knife in his hand at that
time, and he continually poked Hagle in her leg with it. Noticing that they were
running low on gas, Hagle told Appellant that they would not be able to make it, but
he told her to stop telling him what he could and could not do. She testified that
when they reached Munday, it first appeared that Appellant was going to continue
driving through, but he suddenly turned and began driving toward the Munday
Nursing Center, where she had formerly worked. As they approached, Appellant
said to Hagle, “B---h, I wonder if I stab you to where you can barely breathe if your
ex-coworkers will find you in time to save you.”
Hagle testified that Appellant eventually drove to her apartment, and after they
arrived, he dragged her out of the vehicle by her hair and took her through the back
door of the apartment. Once inside, Appellant stripped Hagle of her clothes, took
her to the shower, and washed the blood from her. Appellant told Hagle that he was
sorry, and he messed up. When Hagle attempted to get dressed after the shower,
Appellant stopped her because “if [she] put clothes on then [she] could just run out
the front door.” Hagle testified that she “just sat there with no clothes on.” She was
unaware of what time it was because Appellant had her phone. Hagle eventually
laid in the bed but did not sleep, and sometime later, Appellant entered the room
saying, “those white folks aren’t going to let you leave that job like this” with respect
to her appearance from his assault upon her.
When Hagle’s alarm went off at 4:45 a.m., she got up, showered, dressed, and
left for Haskell at approximately 5:15 a.m. Appellant told Hagle before she left that
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it was going to be a bad day for him, once again noting that they were not going to
let her leave work with all the bruises that she had. After Hagle left, she stopped for
gas at an Allsup’s in Munday located approximately four blocks from her apartment.
Hagle did not tell the clerk about what had happened because she was unsure if the
police could arrive before Appellant, and she knew the doors at the Allsup’s did not
lock. She stated that she felt that if she could make it to Haskell, it would be very
unlikely that Appellant would be able to reach her without a vehicle or friends to call
on. While at Allsup’s, Appellant called and told her to come pick him up. When
she declined to do so, he told her that he saw that she was at Allsup’s. Hagle then
hung up the phone and drove to her workplace in Haskell. When she arrived, her
coworker noticed her condition, asked her to go into a separate room, and inquired
about what happened; after Hagle recounted the story, the coworker took photos of
her injuries. After her supervisors arrived at the office, she called the police to report
the incident.
Sheriff David Halliburton and Deputy Christopher Keith responded to Haskell
Healthcare after receiving the call regarding a possible assault. When they arrived,
Hagle was taken to a room inside the nursing home, where Deputy Keith interviewed
her and later obtained a written statement. They observed injuries to her head,
including a knot, a scratch, and an abrasion to her right knee, and took photos of her
injuries. Hagle told them that Appellant was the person who had assaulted her and
recounted the story from the previous night.
Hagle described to Sheriff Halliburton and Deputy Keith how Appellant had
picked her up from her shift and driven toward Munday before pulling off onto a
county road between Haskell and Weinert. Sheriff Halliburton drove from Haskell
to Weinert pulling onto each county road to determine where Appellant had stopped.
When he pulled onto County Road 266, he observed evidence suggesting that a
vehicle had pulled in and stopped, and that the occupants had gotten out. The sheriff
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took photographs of the scene that showed tire marks, disturbed gravel, and
footprints. Sheriff Halliburton also found a Budweiser tall boy and a package of
Marlboro cigarettes at the scene on County Road 266, both consistent with what
Hagle said Appellant had consumed that night. After leaving the county road,
Sheriff Halliburton continued to drive toward Weinert, and he observed construction
equipment on a side road. When he investigated the area, he observed tire marks
indicating that a vehicle had pulled in and out of that area.
The officers also investigated Hagle’s vehicle and found handprints from
someone grabbing or pulling away from the trunk. Inside the trunk, they found
clothing and other items with droplets of blood on them. They also observed a small
smear of blood on the front passenger seat.
When Appellant was arrested the day after Hagle’s report, Deputy Keith found
a silver pocketknife in his possession. After his arrest, Hagle obtained a protective
order against Appellant, and an investigation of his violations of that protective order
showed that Appellant had contacted or attempted to contact Hagle on over 200
separate occasions.
Hagle testified that Appellant continuously called and “harassed” her because
he did not want her to testify in the case. She stated that Appellant’s prior attorney,
Jacob Blizzard, 1 called her five or six times requesting to speak with her. Hagle
eventually called Blizzard back because she was “tired of being harassed.” An audio
recording of the phone call between Hagle and Blizzard was played for the jury. At
the beginning of the call, Blizzard stated that Hagle had told his staff member that
she did not want Appellant to go to prison, but that she also did not want to get in
trouble or lose her nursing license. Hagle confirmed that she had said this. She
1
Jacob Blizzard filed a motion to withdraw as counsel prior to trial, which the trial court granted.
The trial court appointed David Stiller to represent Appellant seven days later. Stiller ultimately represented
Appellant at trial.
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asked Blizzard whether the State could file charges against her for making a false
statement, and he told her that they could but generally do not. Hagle stated that she
loved Appellant, that he had a special place in her heart, and that she never wished
for him to go to prison.
When Blizzard asked for “the real deal” regarding what happened, she
explained that Appellant would often get upset over small things, and the evening of
the incident, they got into an argument. She stated that she attempted to hit
Appellant, and when he tried to block her blow, he scratched her on her face. She
stated that she could not recall how she got the knot on her head, but it could have
been accidentally self-inflicted as she got out of the vehicle. Blizzard asked her
about the details of the knife and the trunk, and Hagle responded, “What do you want
me to say?” Blizzard said he just wanted her to tell him “the real deal.” To explain
how the blood evidence ended up in the trunk, she stated that she bled easily and
must have put the coat with the blood on it from the scratch on her face inside the
trunk the next day. When asked if Appellant ever threw her in the trunk or tried to
run her over with the vehicle, Hagle said “no.”
Blizzard asked her about the allegation that Appellant had been driving and
poking her with the knife, and Hagle responded that she did not know what to say at
that point because she felt like she was going to get in a lot of trouble. When asked
what she meant, Hagle stated only that she had “heard so many, so much stuff” and
wanted the case to be dropped. She then said that Appellant had the knife out that
night, but he never stabbed her with it.
When asked about the threats to kill her, Hagle stated that he had just said it
once before. Blizzard asked about the “shower business,” and Hagle said she was
still bleeding when they made it home, so Appellant was attempting to help her clean
it off. When asked about how her report to police was initiated, Hagle stated that
her friend from work had known about their argument the previous night, and when
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she saw Hagle’s injuries the next morning, the friend told her that she needed to call
the police. Blizzard asked why she ultimately decided to speak to the police, and
Hagle said that her injuries had drawn the attention of many people at work. Blizzard
stated, “By that point, I guess you’ve decided to kind of make it bigger than it is,”
and Hagle responded, “yes, sir.”
At one point during the call, Hagle asked Blizzard if he was recording her,
and he said “no” that he was “just taking notes.” Hagle admitted during her
testimony at trial that she made statements that gave Blizzard the idea that the
incident did not happen.
Analysis
Sufficiency of the Evidence
In his first issue, Appellant contends that the evidence was insufficient to
support his conviction for aggravated kidnapping. He asserts that the State failed to
present evidence establishing that he secreted or held the victim in a place where she
was unlikely to be found. In this regard, the indictment alleged that, with the intent
to inflict bodily injury and terrorize Hagle, Appellant intentionally and knowingly
abducted her by restricting her movements “without her consent, so as to interfere
substantially with her liberty by moving her from one place to another and confining
her with intent to prevent her liberation, by secreting or holding her in a place where
she was not likely to be found.” Appellant challenges the element of abduction.
Additionally, Appellant claims that the victim’s testimony at trial was compromised
by the audio recording of her recantation, and therefore, the evidence was
insufficient for the jury to find Appellant guilty beyond a reasonable doubt.
We review a challenge to the sufficiency of the evidence under the standard
of review set forth in Jackson v. Virginia, 443 U.S. 307 (1979). Brooks v. State, 323
S.W.3d 893, 912 (Tex. Crim. App. 2010); Polk v. State, 337 S.W.3d 286, 288–89
(Tex. App.—Eastland 2010, pet. ref’d). Under the Jackson standard, we review all
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of the evidence in the light most favorable to the verdict and determine whether any
rational trier of fact could have found the essential elements of the offense beyond a
reasonable doubt. Jackson, 443 U.S. at 319; Isassi v. State, 330 S.W.3d 633, 638
(Tex. Crim. App. 2010).
When conducting a sufficiency review, we consider all the evidence admitted
at trial, including pieces of evidence that may have been improperly admitted.
Winfrey v. State, 393 S.W.3d 763, 767 (Tex. Crim. App. 2013); Clayton v. State, 235
S.W.3d 772, 778 (Tex. Crim. App. 2007). We defer to the factfinder’s role as the
sole judge of the witnesses’ credibility and the weight witness testimony is to be
afforded. Brooks, 323 S.W.3d at 899. This standard accounts for the factfinder’s
duty to resolve conflicts in the testimony, to weigh the evidence, and to draw
reasonable inferences from basic facts to ultimate facts. Jackson, 443 U.S. at 319;
Clayton, 235 S.W.3d at 778. When the record supports conflicting inferences, we
presume that the factfinder resolved the conflicts in favor of the verdict and defer to
that determination. Jackson, 443 U.S. at 326; Clayton, 235 S.W.3d at 778.
We measure the sufficiency of the evidence by the elements of the offense as
defined in a hypothetically correct jury charge. Malik v. State, 953 S.W.2d 234, 240
(Tex. Crim. App. 1997). The hypothetically correct jury charge is one that
“accurately sets out the law, is authorized by the indictment, does not unnecessarily
increase the State’s burden of proof or unnecessarily restrict the State’s theories of
liability, and adequately describes the particular offense for which the defendant was
tried.” Id.
We first address Appellant’s contention that the State did not adduce evidence
of the element of abduction to establish aggravated kidnapping. As relevant to this
appeal, a person commits the offense of aggravated kidnapping “if he intentionally
or knowingly abducts another person with the intent to . . . inflict bodily injury on”
or “terrorize” the person. PENAL § 20.04(a)(4), (5). To “[a]bduct” a person “means
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to restrain a person with intent to prevent his liberation by secreting or holding him
in a place where he is not likely to be found.” Id. § 20.01(2)(a).
Appellant contends that the State failed to prove that he secreted or held Hagle
in a place where she was not likely to be found because he ultimately took her back
to her home. In presenting this argument, Appellant additionally asserts that there
is a variance between the indictment and the evidence at trial because the State
proved an unalleged method of abduction—restraining a person with the intent to
prevent his liberation by “using or threatening to use deadly force.” Id.
§ 20.01(2)(b). Because we conclude that the evidence was sufficient to establish
that Appellant secreted or held Hagle in a place where she was not likely to be found,
we do not reach Appellant’s contention that there was a variance between the
pleading and proof.
“‘Restrain’ means to restrict a person’s movements without consent, so as to
interfere substantially with the person’s liberty, by moving the person from one place
to another or by confining the person.” Id. § 20.01(1). Restraint is “without consent”
if “accomplished by . . . force, intimidation, or deception.” Id. § 20.01(1)(A); see
Holmes v. State, 873 S.W.2d 123, 126 (Tex. App.—Fort Worth 1994, no pet.)
(explaining that “[c]onfining is not defined in the Penal Code or by case law; thus,
we use its common meaning when reviewing the evidence,” which may include
imprisoning, enclosing, detaining, relegating to certain limits, or trapping the
victim).
Secreting or holding another where they are unlikely to be found is part of the
mens rea requirement rather than the actus reus. Laster v. State, 275 S.W.3d 512,
521 (Tex. Crim. App. 2009). The State is not required to prove the defendant
actually secreted or held another. Id. Instead, the State must prove the defendant
restrained another with the specific intent to prevent liberation of the victim. Id.
The offense is complete when the defendant, at any time during the restraint, forms
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the intent to prevent liberation of the victim by secreting or holding them in a place
where they are unlikely to be found. Id.; see also Shoetan v. State, No. 08-25-00029-
CR, 2026 WL 2096631, at *4 (Tex. App.—El Paso July 10, 2026, no pet.) (mem.
op., not designated for publication).
The Court of Criminal Appeals has recognized that a rational factfinder can
infer the requisite intent “when a defendant isolates a person from anyone who might
be of assistance.” Laster, 275 S.W.3d at 522 (citing Fann v. State, 696 S.W.2d 575,
576 (Tex. Crim. App. 1985)); see Bertram v. State, 579 S.W.3d 661, 669 (Tex.
App.—Houston [1st Dist.] 2019, no pet.). In Megas, the court held that “secreting
the victim, or holding her in a place where she is not likely to be found, can be
established when the defendant forces a victim into a car and moves the victim from
one place to another.” Megas v. State, 68 S.W.3d 234, 240 (Tex. App.—Houston
[1st Dist.] 2002, pet. ref’d). A defendant may also be operating a motor vehicle in
public while still intending to secrete the victim or prevent them from being found,
which completes the offense of kidnapping. Id.; see Laster, 275 S.W.3d at 522; see
also Santos v. State, No. 01-22-00355-CR, 2024 WL 971676, at *6–7 (Tex. App.—
Houston [1st Dist.] Mar. 7, 2024, no pet.) (mem. op., not designated for publication).
Additionally, courts have recognized that, once the defendant forms the intent to
secrete or hide the victim inside a vehicle, the offense is complete, and later delivery
to a location associated with the victim or occupied by others is irrelevant. See Fann,
696 S.W.2d at 576; see also Rios v. State, 230 S.W.3d 252, 254–55 (Tex. App.—
Waco 2007, pet. ref’d); Adkins v. State, No. 01-96-00355-CR, 1998 WL 55267, at
*2–3 (Tex. App.—Houston [1st Dist.] Feb. 12, 1998, pet. ref’d).
Here, there was evidence that Appellant forced Hagle into the trunk of her
vehicle multiple times during the duration of their ride from Haskell to Munday.
Even when Appellant allowed Hagle to exit the trunk and instructed her to get into
the front seat of the vehicle, she testified that he continuously poked her in the leg
11
with a knife during the remainder of the drive. Hagle also testified that, when they
finally arrived at her apartment complex, he dragged her from the vehicle, forced her
inside, and made her remain naked inside the apartment for the rest of the night to
prevent her from leaving. She testified that it was only the next morning that she
was permitted to get dressed and leave for work.
Upon these facts, a reasonable jury could have found that the element of
abduction was proven beyond a reasonable doubt. See Megas, 68 S.W.3d at 240–41
(holding evidence that the defendant forced complainant into the car and moved
them from one place to another supported a finding that defendant intended to secrete
or hold the complainant in a place where she was not likely to be found); see also
Rios, 230 S.W.3d at 254–55 (holding that evidence the defendant held the
complainant in an automobile being driven on city streets was sufficient to support
that he intended to secrete or hold her in a place where she was unlikely to be found,
even when she was later returned and restrained again in an apartment occupied by
her cousin).
We also address Appellant’s challenge to the sufficiency of the evidence
based on the inconsistent version of events that Hagle recounted during her
testimony at trial versus the statements that she made during her recorded phone call
with Blizzard. Appellant contends that the evidence is insufficient because Hagle’s
trial testimony was compromised by the audio recording of her recantation.
At trial, Hagle testified to a version of events that was generally consistent
with the statement she relayed to the deputy and sheriff on the morning after the
incident occurred. Conversely, Appellant presented the audio recording of the phone
conversation between Hagle and Blizzard where she stated that the events had not
occurred as she had originally told investigating officers. During her trial testimony,
Hagle asserted that these statements to Blizzard were lies in an attempt to stop what
she felt was harassment from both Blizzard and Appellant.
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As we have said, we defer to the jury’s credibility and weight determinations
because the jury is the “sole judge” of witnesses’ credibility and the weight to be
given their testimony. Martin v. State, 635 S.W.3d 672, 679 (Tex. Crim. App. 2021)
(quoting Garcia v. State, 367 S.W.3d 683, 687 (Tex. Crim. App. 2012)); see
Jackson, 443 U.S. at 319. As the sole judge of a witness’s credibility, “the jury can
believe all, some, or none of a witness’s testimony.” Metcalf v. State, 597 S.W.3d
847, 855 (Tex. Crim. App. 2020). The jury’s determination to accept Hagle’s
version of the events that she described during her trial testimony was a decision
based inherently on the jury’s evaluation of her credibility, a decision that is within
the jury’s sole province to resolve. Jackson, 443 U.S. at 326; Clayton, 235 S.W.3d
at 778. Under the applicable standard of review, we defer to the jury’s resolution of
these questions in support of the conviction. Jackson, 443 U.S. at 326; Clayton, 235
S.W.3d at 778.
Accordingly, we overrule Appellant’s first issue.
Authentication of Punishment Evidence
In his second issue, Appellant asserts that the trial court erred by admitting
evidence of his Oklahoma convictions without appropriate authentication. He
asserts that State’s Exhibit No. 39, a document printed from the internet titled “Ok
Offender Search,” was not properly authenticated merely because it was shown to
be accessible from the Oklahoma Department of Corrections’ website. He further
contends that because State’s Exhibit No. 39 was the link tying together Appellant’s
alleged prior Oklahoma convictions, State’s Exhibit Nos. 40–42, the corresponding
judgments for those convictions, were also not sufficiently linked to Appellant.
Ultimately, Appellant’s second issue rests on the admission of State’s Exhibit No. 39
to link the remaining three exhibits demonstrating that the prior convictions
belonged to Appellant.
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To establish that a defendant has been convicted of a prior offense, the State
must prove beyond a reasonable doubt that a prior conviction exists and that the
defendant is linked to that conviction. Flowers v. State, 220 S.W.3d 919, 922 (Tex.
Crim. App. 2007). The State may prove a prior conviction in a number of different
ways. Id. at 921–23. The State is not required to produce a specific document or
specific proof because “[t]here is no ‘best evidence’ rule in Texas that requires that
the fact of a prior conviction be proven with any document, much less any specific
document.” Id. at 921. The proof that is adduced to establish that the defendant on
trial is the same person named in the prior conviction “closely resembles a jigsaw
puzzle.” Id. at 923 (quoting Human v. State, 749 S.W.2d 832, 836 (Tex. Crim. App.
1988)). Standing alone, the pieces usually have little meaning, but when fitted
together, the pieces usually form the picture of the person who committed the alleged
prior conviction or convictions. Id. The trier of fact fits the pieces of the jigsaw
puzzle together and weighs the credibility of each piece. Id. Whatever form the
State’s proof takes, however, it must be sufficient to prove the defendant’s prior
conviction beyond a reasonable doubt. Id. at 923.
Although the State may establish the existence of a defendant’s prior
conviction by offering a certified copy of a judgment of conviction, this alone is
normally insufficient to link the defendant to the prior conviction, even if the name
on the judgment and the name of the defendant on trial are the same. Henry v. State,
509 S.W.3d 915, 919 (Tex. Crim. App. 2016); Beck v. State, 719 S.W.2d 205, 209–
10 (Tex. Crim. App. 1986). Thus, the State bears the burden of proving the
necessary links by presenting independent evidence that shows that the defendant on
trial and the person previously convicted are the same. Beck, 719 S.W.2d at 210.
However, the State may also establish both elements—information to show that a
prior conviction exists and the defendant’s identity as the person previously
convicted—by other means, including through (1) the defendant’s admission or
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stipulation, (2) testimony from a witness who was present when the defendant was
previously convicted of the specified offense and can identify the defendant as the
person who was previously convicted, (3) fingerprints supported by expert testimony
that identifies the prints as those of the defendant, or (4) a judgment, pen packet, or
other records that contain sufficient information or descriptors that show the
defendant’s identity or physical description, such as a photograph of the defendant.
Henry, 509 S.W.3d at 918; Flowers, 220 S.W.3d at 921–22; see, e.g., Beck, 719
S.W.2d at 209; Littles v. State, 726 S.W.2d 26, 31–32 (Tex. Crim. App. 1987) (op.
on reh’g); Doby v. State, 454 S.W.2d 411, 413–14 (Tex. Crim. App. 1970).
Here, in an effort to link Appellant to the prior convictions that the State
alleged in its notice of enhancement, the State first offered a printed copy of an
offender search conducted on the Oklahoma Department of Corrections’ website
reflecting a photograph, physical description, name, birth date, and offender number
for “James C. Tansimore” with an alias of “James L. Tansimore.” Underneath the
description, the document provided a list of convictions alleged to have belonged to
the named individual. This document also listed the URL for Oklahoma Department
of Corrections’ Offender Search in the upper right corner, and the time and date of
the document’s access was listed in the bottom right corner. The State provided the
testimony of District Attorney Investigator Bruce Toney with respect to the
document. He testified that he had procured the document from the website for the
Oklahoma Department of Corrections.
Appellant objected to the admission of Investigator Toney’s testimony about
the Oklahoma convictions on the basis that “there would be no proof from the State
that it connects those judgments to [Appellant].” We review a trial court’s ruling on
the admissibility of evidence for an abuse of discretion. Coble v. State, 330 S.W.3d
253, 272 (Tex. Crim. App. 2010). We uphold the trial court’s decision unless it lies
outside the zone of reasonable disagreement. Salazar v. State, 38 S.W.3d 141, 153–
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54 (Tex. Crim. App. 2001). We also uphold a trial court’s evidentiary ruling if it is
correct on any theory of law that finds support in the record. Gonzalez v. State, 195
S.W.3d 114, 125–26 (Tex. Crim. App. 2006); Dering v. State, 465 S.W.3d 668, 670
(Tex. App.—Eastland 2015, no pet.).
Appellant argues on appeal that the presence of the website’s URL on State’s
Exhibit No. 39 is insufficient proof that the evidence is trustworthy and, therefore,
does not meet the threshold requirement for authentication. However, Texas courts
have acknowledged that documents printed from government websites are self-
authenticating under Rule 902(5) of the Texas Rules of Evidence. See Williams
Farms Produce Sales, Inc. v. R&G Produce Co., 443 S.W.3d 250, 259 (Tex. App.—
Corpus Christi–Edinburg 2014, no pet.); see also Gunville v. Gonzales, 508 S.W.3d
547, 559 (Tex. App.—El Paso 2016, no pet.). The printed documents must reflect
sufficient indicia that they were obtained from a government website. See Williams
Farms Produce Sales, 443 S.W.3d at 259 (reasoning that, because the documents
reflected the URL of the government websites and the date and time they were
accessed, they were sufficiently self-authenticating under Rule 902(5) of the Texas
Rules of Evidence); see also Mendez v. Remanente LLC, No. 13-15-00529-CV, 2017
WL 1380529, at *5 (Tex. App.—Corpus Christi–Edinburg Feb. 2, 2017, no pet.)
(mem. op.) (holding that the printouts reflecting the USPS website URL and the date
upon which the document was accessed were self-authenticating because such was
sufficient to indicate they were printed from the website of a governmental entity);
Kishor v. TXU Energy Retail Co., LLC, No. 05-10-01496-CV, 2011 WL 5857215,
at *4 (Tex. App.—Dallas Nov. 17, 2011, no pet.) (mem. op.) (holding that the
document was not self-authenticating as a publication issued by a public authority
under Rule 902(5) because it did not identify its source or reflect a URL address).
In overruling Appellant’s objection to State’s Exhibit No. 39, the trial court
acknowledged on the record that the document reflected the government website’s
16
URL. The URL on the document provides access to the Oklahoma Department of
Corrections Offender Search Registry. Because State’s Exhibit No. 39 was obtained
and printed from a government website and reflects the website’s URL and the date
and time of access, it is sufficiently self-authenticated under Rule 902(5). See
Williams Farms Produce Sales, 443 S.W.3d at 259.
The State introduced: (1) a certified copy of a 1996 judgment of conviction
from Caddo County, Oklahoma showing that “James Conrad Tansimore,” with a
date of birth of “12-29-77” and a social security number of “XXX-XX-4472,” was
convicted of second degree murder; (2) a certified copy of a 1994 sentencing after a
plea of guilty showing that “James L Tansimore,” with a date of birth of “12-27-75,”
pleaded guilty to two counts of robbery with a firearm and two counts of kidnapping;
and (3) a certified copy of a 2015 judgment of conviction from Payne County,
Oklahoma showing that “James Leonard Tansimore,” with a date of birth of “12-27-
1975” and a social security number of “XXX-XX-8347,” was convicted of felony
possession of marihuana in a penal institution; the judgment listed murder (1996),
robbery (1994), and kidnapping (1994) as his prior felony convictions. Investigator
Toney testified that he contacted the Oklahoma Department of Corrections and
confirmed that “James L. Tansimore” and “James C. Tansimore” had one offender
identification number and were therefore the same individual. He also stated that
when he obtained the certified copies of judgments and sentences, he compared the
cause numbers with those listed on the offender search report and confirmed they
were the same. Investigator Toney identified Appellant as the person in the picture
on State’s Exhibit No. 39.
Moreover, the State also introduced a printed copy of a document from the
NCIC interstate identification index reflecting that the same name and aliases and
several varying combinations of those names were associated with the fingerprints
17
of that individual.2 Despite the minor discrepancies between the 1996 judgment and
the others upon which the State relied, the document also showed the same birthdates
and social security numbers were associated with the fingerprints of that individual.
Personal descriptors including hair color, eye color, and tattoos were also listed on
the report. Further, the State provided pages of the same report specifically relating
to Oklahoma reflecting the same information linked to the individual known to have
those fingerprints. He explained that, when an individual is arrested, they are
fingerprinted, and the FBI has a specific classification process to identify the
characteristics of each fingerprint. Those characteristics are listed on a report which
is given an FBI number. The FBI number remains with that set of fingerprints
through each arrest that results in the person being fingerprinted. If a different date
of birth, social security number, or name is used during the arrest, it is added to the
FBI’s report for the individual set of fingerprints.
Each piece of evidence offered by the State formed the picture that each
alleged conviction belonged to Appellant. See Flowers, 220 S.W.3d at 923. The
printed document from the Oklahoma Department of Corrections Offender Search
provided a photograph of Appellant, his identifying information, and a list of the
convictions later shown in the certified copies of judgments offered by the State.
The reports from NCIC confirmed that all the different names, dates of birth, and
social security numbers reflected by the certified copies of judgments were linked to
Appellant. Accordingly, the evidence offered by the State was sufficient to allow
the jury to find that each conviction belonged to Appellant. Id.
2
As noted by the Texas Court of Criminal Appeals in Ex Parte Warren, by consulting computerized
criminal histories collected by criminal justice agencies and maintained by the NCIC, “law enforcement
officials can gain valuable and useful information about an individual’s criminal history from across the
nation, including ‘identifiable descriptions and notations of arrests, detentions, indictments, [...] or other
formal criminal charges’, and ‘any disposition arising therefrom [.]’” 353 S.W.3d 490, 494 (Tex. Crim.
App. 2011) (alterations in original) (first quoting TEX. GOV’T CODE ANN. § 411.082(2) (West Supp. 2025);
and then quoting 28 C.F.R. § 20.3(d)).
18
We hold that the admission of State’s Exhibit No. 39 was not improper, and
the evidence presented was sufficient to allow the jury to find that Appellant was the
person convicted of the offenses alleged in the State’s enhancement paragraphs.
Accordingly, we overrule Appellant’s second issue.
Disqualification of the District Attorney’s Office
In his third issue, Appellant asserts that the trial court erred in denying his
motion to recuse the Haskell County District Attorney’s Office. Prior to trial,
Appellant filed a motion seeking the recusal of the district attorney’s office. In the
motion, Appellant alleged that his prior attorney, Blizzard, employed attorney Dax
Pueschel and that Pueschel assisted in the preparation of Appellant’s case. Blizzard
subsequently withdrew as Appellant’s counsel. After the attorney-client relationship
ended, the district attorney hired Pueschel as an assistant district attorney. Because
of Pueschel’s participation in Appellant’s case while under the employment of
Blizzard, Appellant asserted in the motion that there was no other method of
safeguarding Appellant’s right to a fair trial other than for independent counsel to be
appointed to represent the State in the upcoming jury trial.
At the hearing on the motion, Appellant’s trial counsel noted that Pueschel’s
name appeared frequently in the discovery received from Blizzard’s office. He
argued that Appellant could not receive a fair trial after Pueschel was employed by
the State.
Investigator Toney testified that the district attorney’s office was aware of
Pueschel’s involvement in certain pending cases in Haskell County, and specifically,
they were aware that his employment with Blizzard could have resulted in his
involvement with Appellant’s case. He stated that they obtained a list of cases with
a possible conflict and removed the case files from the general filing cab