Roger Scott Wilson v. the State of Texas

Opinion filed April 24, 2025 In The Eleventh Court of Appeals __________ No. 11-24-00011-CR __________ ROGER SCOTT WILSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 104th District Court Taylor County, Texas Trial Court Cause No. 23171-B OPINION A jury found Appellant, Roger Scott Wilson, guilty of aggravated kidnapping, a first-degree felony, and assessed his punishment at life imprisonment in the Institutional Division of the Texas Department of Criminal Justice and a $10,000 fine. See TEX. PENAL CODE ANN. § 20.04(a)–(c) (West 2019). The trial court sentenced Appellant accordingly. In three issues, Appellant challenges the trial court’s judgment, arguing that (1) the evidence was insufficient to support the conviction; (2) the finding of the use of a deadly weapon is unsupported and improper; and (3) the trial court assessed excessive fees for Appellant’s arrest and the issuance of subpoenas to witnesses in conjunction with Appellant’s case. We modify and affirm. Factual and Procedural History A grand jury indicted Appellant for intentionally or knowingly abducting Priscilla Limon by restricting her movements without her consent, such as to interfere with her liberty, by confining her, with the intent to prevent her liberation, by secreting or holding her in a place where she was not likely to be found, with the intent to inflict bodily injury or terrorize her. See id. § 20.04(a)(4), (5). The indictment further alleged that Appellant used or exhibited a deadly weapon during the commission of the offense, “namely, tape, drawstring bag, and hands.” See id. § 20.04(b). At trial, there was testimony from multiple witnesses. A. Witness Testimonies Lindsey Hoxsey testified that she is the communications manager for Abilene Police Department (APD) dispatch and custodian of the 9-1-1 records. Hoxsey explained that there were calls for service at a home on South 14th Street in Abilene on April 22 and 24, 2021, which were recorded and admitted as exhibits. On April 22, a female caller told APD dispatch that three unknown people entered her home. On April 24, the same caller stated that the “same guys that . . . came over here the first time” broke down her door and some windows. APD Officer Matthew Stiles testified that on April 22, 2021, he was dispatched to a house on South 14th Street. Officer Stiles spoke with the caller who said there were approximately three people wearing masks. Officer Stiles checked the area but, other than the calling party, he did not locate anyone. Officer Stiles also responded to the call on April 24, 2021. However, this time Officer Stiles observed a broken window and a door that was kicked in. Again, other than the 2 calling party, Officer Stiles did not find anyone in the area. APD Detective Jeremiah Shaeffer, who was a patrol officer at the time, responded to the second call on South 14th as well. Detective Shaeffer opined that the door was “broken in half . . . by extreme violence.” Oscar Villarreal resided at the house on South 14th. Villarreal explained that leading up to the break-ins, he gave Limon a place to stay for a few days. However, Villarreal said that he “r[a]n her off” because “[s]he would just be staring down on [him] when [he] was asleep” and he would awaken to see her right in front of his face. After Villarreal asked her to leave, Limon insisted that he owed her money. Although Villarreal was not sure of the date, he recalled three people coming into his home through his back door wearing masks and carrying “bats and stuff.” Tracy Prater testified that she was friends with Appellant and Limon. According to Prater, she picked Limon up at a 7-Eleven in Abilene and took her to a house on Shelton Street on April 25, 2021, because a man named George Frosch had taken Limon’s belongings and Appellant said he would help get them back. By phone, Appellant provided Prater directions, which she followed, until seeing Appellant standing outside waiting, at which point she dropped Limon off. Prater later “heard a couple different stories” from Appellant about Limon’s disappearance, including one where “they” burned her body, though Appellant never admitted to participating. Johnathan Garcia testified that he rented the house at 902 Shelton from his grandfather and that several people would come and go to use drugs or stay. Garcia recalled some of the individuals that stayed there in April 2021, included Blake Britner, Ashley Alaniz, and Bruce Gordon. Garcia also noted that Appellant had been over to