Choice, Willie Edward

Citation: Not availableDocket: WR-80,474-03

Court: Court of Appeals of Texas; January 29, 2015; Texas; State Appellate Court

Original Court Document: View Document

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Willie Edward Choice, the Applicant, filed a Motion to Enhance Response to the Court of Criminal Appeals of Texas concerning procedural default and ineffective assistance of trial counsel, Mr. Osborne. The Applicant claims the default resulted from inadequate legal representation, violating the Sixth Amendment, which mandates that the State cannot conduct a trial where a defendant faces potential incarceration without proper legal assistance. The Applicant asserts that trial counsel failed to conduct a thorough investigation, specifically neglecting to identify errors in the indictment's probable cause regarding allegations made by the child complainant, Davondria Evangelista. The indictment erroneously cited the offense date as March 17, 2010, while the outcry occurred on October 23, 2010, creating inconsistencies that undermine the indictment and violate the Applicant's right to due process. The Applicant argues that the acquittal of the complainants in a previous trial should bar any retrial based on the same allegations. The Applicant requests the Court to reverse the conviction entirely. The document also contains details about the charges against the Applicant, including the case number and the nature of the allegations as reported by credible law enforcement personnel.

Affiant provides testimony based on observations from forensic interviews with two minors, Davondria M. Evangelista (10 years old) and Datavia M. Evangelista (9 years old), both of whom are credible witnesses. Davondria reported that her stepfather, Willie Edward Choice, inserted his index finger into her vagina on March 17, 2010, at their residence in Humble, Texas. She described the incident occurring when her mother was at work and others in the house were asleep, expressing fear of the defendant due to prior physical punishment with an extension cord. Datavia corroborated similar allegations, stating that on October 20, 2010, her stepfather also inserted his finger into her vagina on three occasions, detailing that he would enter her room, remove her covers, and pull down her pants, causing her pain. Both complainants recognized the defendant as their stepfather. The document notes the charges against Choice for aggravated sexual assault of a child, with relevant court details including bail set at $30,000 and a first setting date of March 8, 2011. The affidavit is prepared under the authority of the Harris County District Court, outlining the serious nature of the allegations and the context in which they occurred.

Willie Edward Choice is accused of committing aggravated sexual assault against two minor girls, Davondria M. Evangelista and Datavia M. Evangelista, both under fourteen years of age, at a residence in Humble, Harris County, Texas. The allegations, occurring on March 17, 2010, and October 20, 2010, involve Choice unlawfully penetrating Davondria's vagina with his finger and engaging in inappropriate touching and actions that caused pain to both complainants. During forensic interviews, both girls described being called into Choice's room where he would remove their covers and engage in the assault. They expressed fear of him due to prior instances of physical punishment. Jackie Blanchard, a certified peace officer, supports the charges based on the credible testimonies of the minors. The case is filed in the Harris County District Court, with a bail set at $30,000.