KAUFMAN COUNTY, Texas – The second conviction of a Kaufman man for murder was upheld by the Dallas Court of Appeals on May 14, 2014. Roman Jesse Mendoza, now 32, was charged with stabbing a man to death in Kaufman following a night of drinking and ingesting cocaine, according to court records.
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Mendoza was initially convicted of murder in October of 2009 by a Kaufman County jury and sentenced to 45 years in prison. Mendoza, represented by Dan Wood Jr., then appealed the conviction and, in September of 2011, the Dallas Court of Appeals reversed the conviction due to an erroneous instruction given to the jury by the trial court. The case was then remanded to the trial court for a new trial.
In January of 2013, Mendoza was retried on the murder charge in the 422nd Judicial District Court of Kaufman County, Texas. The State presented essentially the same case it presented in 2011. Following his second conviction by a jury, Mendoza elected to allow Judge Michael Chitty to assess his punishment.
During the punishment phase of the trial, Mendoza's trial counsel, Taryn Davis, admonished Mendoza and advised him the judge would not be bound by the prior sentence of 45 years and could, in fact, give him a more lengthy sentence. The record reflects Mendoza indicated he understood and wished to proceed.
Judge Chitty then assessed punishment at 50 years in prison, 5 years longer than Mendoza's original sentence.
Taryn Davis also represented Mendoza on appeal in this case. She argued the more lengthy sentence showed a "vindictiveness" of the trial court for Mendoza exercising his right to appeal his first conviction. However, the Dallas Court of Appeals ruled the more lengthy sentence given by the trial court did not constitute "vindictiveness".
While on bond awaiting trial in the original charge, Mendoza was arrested and charged with burglary of a habitation. Evidence presented at his second trial also showed Mendoza, while on bond awaiting retrial, was arrested and charged with the offense of DWI/2nd. The Dallas Court of Appeals concluded, "From this evidence, the trial court could reasonably conclude that appellant is unable to conform his behavior to the requirements of law," and that, "there is nothing to suggest the increased sentence was imposed in response to appellant’s exercise of his right to appeal."
In January of 2013, Mendoza was retried on the murder charge in the 422nd Judicial District Court of Kaufman County, Texas. The State presented essentially the same case it presented in 2011. Following his second conviction by a jury, Mendoza elected to allow Judge Michael Chitty to assess his punishment.
During the punishment phase of the trial, Mendoza's trial counsel, Taryn Davis, admonished Mendoza and advised him the judge would not be bound by the prior sentence of 45 years and could, in fact, give him a more lengthy sentence. The record reflects Mendoza indicated he understood and wished to proceed.
Judge Chitty then assessed punishment at 50 years in prison, 5 years longer than Mendoza's original sentence.
Taryn Davis also represented Mendoza on appeal in this case. She argued the more lengthy sentence showed a "vindictiveness" of the trial court for Mendoza exercising his right to appeal his first conviction. However, the Dallas Court of Appeals ruled the more lengthy sentence given by the trial court did not constitute "vindictiveness".
While on bond awaiting trial in the original charge, Mendoza was arrested and charged with burglary of a habitation. Evidence presented at his second trial also showed Mendoza, while on bond awaiting retrial, was arrested and charged with the offense of DWI/2nd. The Dallas Court of Appeals concluded, "From this evidence, the trial court could reasonably conclude that appellant is unable to conform his behavior to the requirements of law," and that, "there is nothing to suggest the increased sentence was imposed in response to appellant’s exercise of his right to appeal."