Colt Dillon Gaulding v. the State of Texas

             In the
        Court of Appeals
Second Appellate District of Texas
         at Fort Worth
     ___________________________

          No. 02-21-00096-CR
     ___________________________

 COLT DILLON GAULDING, Appellant

                    V.

         THE STATE OF TEXAS


  On Appeal from the 297th District Court
         Tarrant County, Texas
       Trial Court No. 1581939R


  Before Bassel, Womack, and Wallach, JJ.
 Memorandum Opinion by Justice Womack
                           MEMORANDUM OPINION

                                  I. INTRODUCTION

      Appellant Colt Dillon Gaulding appeals his convictions on two counts of

aggravated assault with the use or exhibition of a deadly weapon and two counts of

assault causing bodily injury to a family member while having a prior conviction.1 On

appeal, Gaulding argues in three related points that the trial court abused its discretion

by admitting certain extraneous offense evidence pursuant to Article 38.371 of the

Texas Code of Criminal Procedure. We will affirm.

                                   II. BACKGROUND

A. Gaulding and the Complainant Meet and Begin a Romantic Relationship

      In 2013, the complainant, who had recently separated from her husband, met

Gaulding while out with a friend. After a short acquaintance, Gaulding and the

complainant began a romantic relationship, and Gaulding quickly moved in with the

complainant and her three children.

      During their relationship, Gaulding and the complainant frequently consumed

excessive amounts of alcohol and used marijuana together. Gaulding also introduced

the complainant to methamphetamine and Xanax. Due in part to the couple’s drug

use, their relationship was fraught with violence and abuse.



      1
       Gaulding was also charged with two counts of aggravated sexual assault but
was found not guilty of these charges.


                                            2
B. The Needles, California Incident

      Gaulding first physically abused the complainant while they were on a trip to

Needles, California, to visit Gaulding’s friend Ian. During the visit, the complainant

was hospitalized after being injured in an off-roading car accident. While lying in bed

recuperating at Ian’s home, the complainant received a text message from an ex-

boyfriend. After reading the text, Gaulding flew into a jealous rage. He climbed on

top of the complainant and struck her in the face. Ian heard the commotion and told

Gaulding to stop. Though the complainant was shocked and upset by this incident,

she returned home with Gaulding and continued their relationship.

C. The Luau Bar Incident

      In May 2016, Gaulding physically abused the complainant again.             After

drinking at some clubs in Corpus Christi, Gaulding and the complainant began to

argue. During the drive back to their home in Kingsville, Gaulding began striking the

complainant in the face. Gaulding then grabbed the complainant’s hair, pulled her

head to his lap, and repeatedly punched her in the head.2 When the assault stopped

and the complainant was able to lift her head, she saw that they were in the parking

lot of the Luau Bar in Kingsville. The complainant did not want to enter the bar

because her face was bruised and her lip was bleeding, so Gaulding ordered her to tidy

herself up before going inside. Once inside, the complainant sneaked away to the

      2
       While Gaulding admitted that he had “backhanded” the complainant, he
denied that he had pulled her head into his lap and punched her.


                                          3
bathroom and escaped. The police were called, and Gaulding was arrested.3 Despite

this incident, Gaulding and the complainant stayed together.

D. The Barbell Incident

      In September 2017, another incident of physical abuse occurred.         While

Gaulding and the complainant were at Gaulding’s father’s house in Nueces County,

Texas, Gaulding’s brother arrived and began threatening to commit suicide. While

Gaulding was talking to his brother and attempting to console him, the complainant

injected herself into the conversation.4 This angered Gaulding, and he slapped the

complainant in the face with such force that she was knocked to the ground.

Gaulding’s brother witnessed the slap and immediately exited the room saying, “I

don’t want to have anything to do with this.” Gaulding then began to kick and stomp

on the complainant as she lay helplessly on the floor. The complainant called out to

Gaulding’s brother, who eventually returned and restrained Gaulding, allowing the

complainant to grab her keys and flee.

      As the complainant attempted to drive away, Gaulding grabbed a 45-pound

barbell—a long bar to which weights can be added at each end—and threw it through


      3
       Gaulding was ultimately charged with the misdemeanor offense of assault
causing bodily injury to a family member and sentenced to community supervision,
which was later revoked.
      4
       The complainant claimed that she had been trying to dissuade Gaulding’s
brother from harming himself, but Gaulding testified that she had been encouraging
him to do so.


                                          4
the complainant’s windshield.5 The barbell narrowly missed the complainant’s head

and came to rest in the back seat. The complainant drove away to a safe place and

then called police. Gaulding was ultimately charged with aggravated assault with a

deadly weapon, assault causing bodily injury to a family member with a previous

conviction for the same, and continuous violence against the family.6

      After this incident, Gaulding and the complainant remained apart for some

time. The complainant entered Oxford House, a drug treatment facility in Dallas, and

remained sober for eight months.

E. Events Giving Rise to the Current Case

      Shortly after leaving Oxford House, the complainant rekindled her relationship

with Gaulding and began living with him in an Arlington hotel. The complainant

soon relapsed when Gaulding offered her methamphetamine, and the two began

regularly using drugs while staying at the hotel.

      On June 5, 2018, Gaulding and the complainant had dinner and drinks with

another couple in the hotel restaurant. Afterward, all four of them returned to

Gaulding and the complainant’s room where they continued to consume large

quantities of alcohol and use methamphetamine. At one point, the other couple


      5
       Gaulding claimed that the complainant was not inside the vehicle when he
hurled the barbell through the windshield.
      6
       Gaulding initially received deferred adjudication for these charges but was
ultimately adjudicated guilty of all three charges and sentenced to ten years in prison.


                                            5
started arguing, and the complainant became angry and upset when Gaulding told the

complainant that he thought the man was being abusive to the woman and wanted the

complainant to help her.7

      Once the other couple left, Gaulding began hitting the complainant in the face

and ribs with his fists.    The complainant escaped to the parking lot where she

screamed for help to several people, including her friend Bobbie,8 who also resided at

the hotel.   Gaulding chased the complainant, who threw herself to the ground.

Gaulding then carried her—kicking and screaming—back to their hotel room.9

Minutes later, Bobbie knocked on the door. Gaulding told the complainant to tell

Bobbie that everything was fine and not to call the police. The complainant complied

but winked as she did so, signaling to Bobbie and prompting her to immediately

contact the police.




      7
       The complainant explained that this upset her because Gaulding was trying to
protect this woman whom he barely knew from physical abuse even though he had
physically abused the complainant in the same manner.
      8
       At times, Bobbie is referred to as “Bobby” in the reporter’s record. Despite
the spelling differences, the record references appear to refer to the same person.
      9
         Gaulding’s and the complainant’s accounts differ regarding the manner in
which Gaulding transported the complainant back to the room. The complainant
testified that Gaulding grabbed her by her shorts, yanked her by her hair, and dragged
her back inside. However, Gaulding denied pulling the complainant’s hair or dragging
her; rather, he claimed that he had carried her over his shoulder “[k]ind of like a
caveman” back to the room.


                                          6
      After the door was closed, Gaulding grabbed a long knife and began pacing

back and forth in anger. He threatened to kill the complainant, who curled up on the

bed covering her face with her hand. Gaulding struck the complainant in the face and

head while holding the knife and cut her hand. Gaulding then used the knife to cut

off the complainant’s clothing, and they had sex. They were still on the bed when

police arrived and kicked in the door. The complainant grabbed a T-shirt to clothe

herself and ran past the officers out the door.

      Gaulding was placed under arrest and charged with two counts of aggravated

sexual assault, two counts of aggravated assault with the use or exhibition of a deadly

weapon, and two counts of assault causing bodily injury to a family member while

having a prior conviction.      In July 2021, a jury found Gaulding not guilty of

aggravated sexual assault but guilty of the four remaining charges. Gaulding was

sentenced to concurrent terms of incarceration ranging from twelve to forty years in

length on the four counts of which he was convicted.10 This appeal followed.




      10
        Gaulding was sentenced to terms of thirty years and forty years on the two
aggravated-assault counts and to terms of twenty years and twelve years on the two
counts of assault causing bodily injury to a family member while having a prior
conviction.


                                            7
                                    III. DISCUSSION

      In three points,11 Gaulding argues that the trial court abused its discretion by

admitting extraneous offense evidence of the Needles, California Incident; the Luau

Bar Incident; and the Barbell Incident pursuant to Article 38.371 of the Texas Code

of Criminal Procedure. Specifically, Gaulding asserts that the trial court erred by

admitting this extraneous offense evidence because (1) it was offered only to show

character conformity in violation of the Texas Rules of Evidence, see Tex. R. Evid.

404(b), and (2) its probative value was substantially outweighed by a danger of unfair

prejudice, see Tex. R. Evid. 403.

A. Standard of Review

      We review a trial court’s decision to admit or exclude evidence under an abuse

of discretion standard. Zuliani v. State, 

 (Tex. Crim. App. 2003);

Montgomery v. State, 

 (Tex. Crim. App. 1990) (op. on reh’g). We

will not reverse a trial court’s decision to admit or exclude evidence unless the record

shows a clear abuse of discretion. Zuliani, 

. An abuse of discretion

occurs only when the trial court’s decision was so clearly wrong as to lie outside that


      11
         Because Gaulding’s three points are interrelated, we will address them
together. See Phillips v. State, No. 02-16-00049-CR, 

, at *2 (Tex.
App.—Fort Worth Nov. 3, 2016, no pet.) (mem. op., not designated for publication);
see also Garcia v. State, No. 05-19-00310-CR, 

, at *4 (Tex. App.—
Dallas July 16, 2020, no pet.) (mem. op., not designated for publication); Threadgill v.
State, No. B14-92-00710-CR, 

, at *2 (Tex. App.—Houston [14th
Dist.] June 3, 1993, pet. ref’d) (not designated for publication).


                                           8
zone within which reasonable persons might disagree.           

   If the trial court’s

evidentiary ruling is correct on any applicable theory of law, we will not disturb it even

if the trial court gave the wrong reason for its correct ruling. De la Paz v. State, 

 (Tex. Crim. App. 2009); Qualls v. State, 

 (Tex.

App.—Fort Worth 2018, pet. ref’d).

B. The Trial Court’s Ruling

      Prior to trial, the State gave notice of its intent to introduce extraneous offense

evidence pursuant to Article 38.371 of the Texas Code of Criminal Procedure.

Gaulding filed a motion in limine asking the trial court to prohibit the State from

mentioning or alluding to any of his extraneous offenses.             During a pretrial

evidentiary hearing, the trial court ruled that pursuant to Article 38.371 the State could

present evidence concerning the Needles, California Incident; the Luau Bar Incident;

and the Barbell Incident.12 In making its ruling, the trial court conducted a balancing

test and determined that the potential prejudicial impact of the extraneous offense

evidence did not outweigh its probative value. The trial court later admitted the

evidence during trial over Gaulding’s objections but gave an oral limiting instruction

and repeated this limiting instruction in the written guilt–innocence jury charge.13


      12
        The trial court ruled that the State could not present evidence of an additional
2015 incident in Kleberg County, Texas, because the State had failed to provide
defense counsel with sufficient notice.
      13
        The trial court instructed the jury, among other things, that it could consider
the extraneous offense evidence “only . . . in determining the nature of the previous

                                            9
C. Admissibility under Article 38.371 and Rule 404(b)

      Gaulding argues that the trial court abused its discretion by admitting the

extraneous offense evidence because it was introduced merely to show that he acted

in conformity with his character in violation of Rule 404(b). Tex. R. Evid. 404(b); see

Tex. Code Crim. Proc. Ann. art. 38.371(b). Rule 404(b) precludes the admission of

evidence of a crime, wrong, or act solely to prove a person’s character to show that he

acted in conformity with that character on a particular occasion, but the rule allows

for such evidence to be admitted for other purposes, “such as proving motive,

opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack

of accident.” Tex. R. Evid. 404(b)(2). Those listed purposes “are neither mutually

exclusive nor collectively exhaustive.” De La Paz, 

. Thus, while

Rule 404(b) of the Texas Rules of Evidence limits character evidence, it is

nevertheless a rule of inclusion. Tex. R. Evid. 404(b); De La Paz, 

;

Nash v. State, Nos. 02-17-00236-CR, 02-17-00237-CR, 

, at *6 (Tex.

App.—Fort Worth Sept. 20, 2018, pet. ref’d) (mem. op., not designated for

publication).

      As we have previously recognized, “Article 38.371, which applies to family-

violence prosecutions, provides an additional non-character-conformity purpose for

admitting extraneous-offense evidence.” James v. State, 

, 545 (Tex.

and subsequent relationship of . . . [the complainant] and . . . Gaulding . . . and for no
other purpose.”


                                           10
App.—Fort Worth 2021, no pet.) (citing Tex. Code Crim. Proc. Ann. art. 38.371).

Though Article 38.371 explicitly proscribes the presentation of character evidence that

is otherwise inadmissible under the Rules of Evidence or other laws, it expressly

allows “evidence of all relevant facts and circumstances that would assist the trier of

fact in determining whether the actor committed the offense . . . , including testimony

or evidence regarding the nature of the relationship” between the accused and the

complainant. 

 at 545-56 (citing Tex. Code Crim. Proc. Ann. art. 38.371(b), (c)).

Thus, Article 38.371(b) expressly provides for the admission of extraneous offense

evidence regarding the nature of the relationship between an accused and a

complainant. James, 623 S.W.3d at 546; Mourning v. State, No. 02-19-00168-CR, 

, at *4–5 (Tex. App.—Fort Worth Oct. 22, 2020, no pet.) (mem. op., not

designated for publication); see also Franco v. State, No. 08-18-00040-CR, 

, at *8 (Tex. App.—El Paso June 15, 2020, no pet.) (not designated for

publication) (“[T]he Legislature has determined under article 38.371 that the nature of

the relationship itself is a permissible, non-character-conformity purpose for which

evidence is admissible.”).

      Contrary to Gaulding’s assertion, the complained-of extraneous offense

evidence was not introduced to show character conformity. Rather, the State made

very clear at the pretrial evidentiary hearing that it was offering the extraneous offense

evidence to show the nature of the relationship between Gaulding and the

complainant, and it was on this basis that the trial court allowed the evidence to be

                                           11
admitted. Indeed, as noted above, the trial court issued limiting instructions to the

jury explicitly directing them to consider the extraneous offense evidence “only . . . in

determining the nature of the previous and subsequent relationship of . . . [the

complainant] and . . . Gaulding . . . and for no other purpose.”        The nature of

Gaulding and the complainant’s relationship was an important factor in the case, and

in addition to the extraneous offense evidence, the State also presented expert

testimony to explain the dynamics of a relationship marked by violence. Because all

of the complained-of extraneous offense evidence showed the nature of Gaulding and

the complainant’s relationship, it was admissible for that purpose under Article 38.371

and Rule 404(b). See James, 623 S.W.3d at 546. Accordingly, the trial court did not

abuse its discretion by admitting this evidence over Gaulding’s Rule 404(b) objection.

See id.; Gonzalez v. State, 

, 312–13 (Tex. App.—Houston [14th Dist.]

2017, no pet.).

D. Admissibility under Rule 403

      Gaulding also argues that the trial court should have excluded the extraneous

offense evidence under Rule 403. Otherwise admissible evidence may be excluded

under Rule 403 “if its probative value is substantially outweighed by a danger of one

or more of the following: unfair prejudice, confusing the issues, misleading the jury,

undue delay, or needlessly presenting cumulative evidence.” Tex. R. Evid. 403; see

Emich v. State, No. 02-18-00059-CR, 

, at *7 (Tex. App.—Fort Worth

Jan. 24, 2019, no pet.) (mem. op., not designated for publication). “Rule 403 favors

                                           12
the admission of relevant evidence and carries a presumption that relevant evidence is

more probative than prejudicial.” James, 623 S.W.3d at 546–47 (first citing Montgomery,

; and then citing Emich, 

, at *7). Because of this

presumption, it is the burden of the party opposing the admission of the evidence to

show that the evidence’s probative value is substantially outweighed by one or more

of the dangers listed in Rule 403—including unfair prejudice. James, 623 S.W.3d at

547; Wells v. State, 

 (Tex. App.—Fort Worth 2017, pet. ref’d);

Sanders v. State, 

 (Tex. App.—Fort Worth 2008, pet. ref’d).

      To determine whether evidence is admissible in the face of a Rule 403

objection, the trial court must conduct a balancing test. Montgomery, 

; see Gigliobianco v. State, 

, 641–42 (Tex. Crim. App. 2006). The

Texas Court of Criminal Appeals has instructed that when undertaking a Rule 403

analysis, courts must balance (1) the inherent probative force of the proffered item of

evidence and (2) the proponent’s need for that evidence against (3) any tendency of

the evidence to suggest a decision on an improper basis, (4) any tendency of the

evidence to confuse or distract the jury from the main issues, (5) any tendency that a

jury that has not been equipped to evaluate the probative force of the evidence would

give it undue weight, and (6) the likelihood that presentation of the evidence will

consume an inordinate amount of time or merely repeat evidence already admitted.

Gigliobianco, 210 S.W.3d at 641–42.



                                          13
      1. Probative Value

      The first two Gigliobianco factors assess “probative value,” Rule 403’s “first key

phrase.” 

. Probative value pairs “the inherent probative force of an item of

evidence—that is, how strongly it serves to make more or less probable the existence

of a fact of consequence to the litigation . . . with the proponent’s need for that item

of evidence.” 

 When the State has “other compelling or undisputed evidence to

establish” what the extraneous offense evidence “goes to prove,” the value of the

extraneous offense evidence is much less. 

 (quoting Montgomery, 

).

      Here, the inherent probative force of the extraneous offense evidence is

undisputed. As the State points out, the evidence’s inherent probative force was

strong because it provided context and insight into Gaulding’s motivation for striking

the complainant and showed how the abuse had escalated over time until the

complainant had had enough.         The extraneous offense evidence also rebutted

Gaulding’s theory that the abuse was mutual and just part of the couple’s sexual

foreplay or their usual, “toxic” dynamic.

      With respect to the second factor, Gaulding asserts—in conclusory fashion—

that the State did not need the extraneous offense evidence to prove its case against

him. However, while the State had robust evidence of the charged assault, it still had

a strong need for the extraneous offense evidence. As noted above, Gaulding’s

defense attempted to show that the abuse was mutual and just part of the couple’s

sexual foreplay. Thus, the extraneous offense evidence was necessary to show that

                                            14
Gaulding’s relationship with the complainant had been marked by violence and abuse,

thereby rebutting the defense’s theory and strengthening the inference that Gaulding

had assaulted the complainant on this particular occasion.

      Therefore, the first two factors weigh in favor of admission.

      2. Danger of Unfair Prejudice, Confusion of the Issues, or Misleading
         the Jury
      Having determined that the extraneous offense evidence had probative value,

we must now weigh that probative value against the danger that this evidence would

unfairly prejudice, confuse, or mislead the jury.14 See 

 Unfair prejudice “refers to a

tendency to suggest [a] decision on an improper basis, commonly, though not

necessarily, an emotional one.” 

 Evidence is not excludable under Rule 403 if it is

merely prejudicial; “all evidence against a defendant is . . . designed to be prejudicial.”

Pawlak v. State, 

 (Tex. Crim. App. 2013); see Tex. R. Evid. 403.

Thus, Rule 403 is not concerned with merely prejudicial evidence but instead with

evidence that is unfairly prejudicial. Tex. R. Evid. 403; Pawlak, 

.

“‘[C]onfusion of the issues,’ refers to a tendency to confuse or distract the jury from

the main issues in the case. Evidence that consumes an inordinate amount of time to

present or answer, for example, might tend to confuse or distract the jury from the


      14
        As the Court of Criminal Appeals has recognized, the Gigliobianco factors may
“blend together” in certain cases. Id. at 642. In his brief, Gaulding appears to lump
his arguments for factors three, four, and five together under the broad heading of
“und[ue] prejudice.” Therefore, we consider these factors together.


                                            15
main issues.” Gigliobianco, 

. “Misleading the jury” involves the

likelihood that a jury will place too much weight on the evidence for some reason not

involving emotion. 

 “For example, ‘scientific’ evidence might mislead a jury that is

not properly equipped to judge the probative force of the evidence.” 

      Gaulding asserts that the prejudicial effect of the extraneous offense evidence is

“obvious,” that the jury would necessarily have given the evidence undue weight, and

that, as a result, the jury “had no other option but to find [Gaulding] guilty.”

However, we are unpersuaded by Gaulding’s oversimplified analysis. First, while the

extraneous offense evidence is undeniably prejudicial, Gaulding has not shown that

the evidence of the three incidents in question, which are similar in nature and

seriousness to his charged offenses, is unfairly prejudicial. See Norwood v. State, No. 03-

13-00230-CR, 

, at *5 (Tex. App.—Austin Aug. 15, 2014, pet. ref’d)

(mem. op., not designated for publication) (“When the extraneous offense is no more

heinous than the charged offense, evidence concerning the extraneous offense is

unlikely to cause unfair prejudice.”); see also Payne v. State, No. 02-17-00268-CR, 

, at *2 (Tex. App.—Fort Worth May 23, 2019, no pet.) (mem. op., not

designated for publication) (“Although the [extraneous offense] evidence was

necessarily prejudicial, it was not unfairly so compared to its probative value.”).

Moreover, as noted above, the trial court gave the jury clear limiting instructions

restricting its consideration of the extraneous offense evidence to admissible

purposes. These instructions—which we presume the jury followed, see, e.g., Thrift v.

                                            16
State, 

 (Tex. Crim. App. 2005)—equipped the jury to weigh the

extraneous offense evidence properly and minimized the risk of the jury’s improperly

relying on such evidence in reaching its verdict. See James, 623 S.W.3d at 549. Further,

because the evidence was not scientific or complex, there was little risk of jury

confusion. See Gigliobianco, 

 (providing scientific evidence as an

example of the type of evidence that “might mislead a jury that is not properly

equipped to judge” its “probative force”). Finally, Gaulding’s contention that the jury

“had no other option but to find [him] guilty” is belied by the fact that the jury found

Gaulding not guilty of two of the six offenses with which he was charged. The jury’s

split verdict suggests that it did not place undue weight on the extraneous offense

evidence but rather was able to carefully and properly consider all of the evidence

presented. See Brito v. State, No. 08-15-00196-CR, 

, at *9 (Tex.

App.—El Paso July 25, 2018, pet. ref’d) (not designated for publication).

      Therefore, we conclude that the third, fourth, and fifth Gigliobianco factors

weigh in favor of admission. 

.

      3. Likelihood of Undue Delay and Needless Repetition

      Giglioblanco’s sixth factor addresses Rule 403’s concerns regarding “undue

delay” and the “needless[] present[ation of] cumulative evidence.” Tex. R. Evid. 403;

James, 623 S.W.3d at 550. “This factor focuses on how efficient the trial is, not on the

risk of an erroneous verdict.” James, 623 S.W.3d at 550. Here, while the presentation

of extraneous offense testimony comprised a substantial portion of the trial, the

                                          17
length of the evidentiary presentation was not inordinate, particularly given the

lengthy history of Gaulding and the complainant’s relationship and the bearing that

the nature of their relationship had on the proceedings. Indeed, Gaulding has not

asserted on appeal that the presentation of the extraneous offense evidence caused

undue delay or was needlessly cumulative. Accordingly, we hold that this factor

weighs only slightly, if at all, against admission.

       4. Resolution

       Weighing all six factors, we hold that the trial court did not abuse its discretion

by concluding that the probative value of the extraneous offense evidence was not

substantially outweighed by the risk of “unfair prejudice, confusing the issues,

misleading the jury, undue delay, or needlessly presenting cumulative evidence.” Tex.

R. Evid. 403; Gigliobianco, 210 S.W.3d at 641–42; see James, 623 S.W.3d at 551. As

shown above, the probative value of the evidence was strong, and because the

extraneous offenses were no more heinous than the charged offenses, the risk of

unfair prejudice was relatively low. See Norwood, 

, at *5. This risk

was further minimized by the trial court’s limiting instructions. See James, 623 S.W.3d

at 549. In addition, Gaulding’s argument that the jury would “necessarily” have given

“undue weight” to the extraneous offense evidence is undermined by the jury’s split

verdict. See Brito, 

, at *9.




                                             18
      Because we discern no abuse of discretion in the trial court’s decision to admit

the extraneous offense evidence, we overrule all three of Gaulding’s points.15

                                  IV. CONCLUSION

      Having overruled all three of Gaulding’s points, we affirm the trial court’s

judgments.16

                                                      /s/ Dana Womack

                                                      Dana Womack
                                                      Justice

Do Not Publish
Tex. R. App. P. 47.2(b)

Delivered: December 29, 2022




      15
         In his brief, Gaulding asserts that he was harmed by the trial court’s alleged
error. However, because we have concluded that the trial court did not commit error
in this case, we do not need to conduct a harm analysis. See Tex. R. App. P. 47.1;
Montoya v. State, No. 13-12-00736-CR, 

, at *2 n.7 (Tex. App.—
Corpus Christi–Edinburg Jan. 16, 2014, pet. ref’d) (mem. op., not designated for
publication).
      16
        The trial court entered separate judgments for each of the charged offenses.


                                          19