Jeffrie Sterling Lane, Jr. v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00579-CR

Jeffrie Sterling Lane, Jr., Appellant

v.

The State of Texas, Appellee

FROM THE 27TH DISTRICT COURT OF BELL COUNTY
NO. 22DCR85596, THE HONORABLE JOHN GAUNTT, JUDGE PRESIDING

OPINION

A jury found appellant Jeffrie Sterling Lane, Jr. guilty of aggravated assault with a

deadly weapon and assessed his punishment at thirty-five years’ confinement and a $5,000 fine.

See Tex. Penal Code § 22.02(a)(1), (b)(1). The trial court sentenced Lane in accordance with the

jury’s verdict. In a single issue on appeal, Lane contends that the trial court erred by including in

the guilt-innocence jury charge an “incomplete extraneous[-]offense instruction,” which failed to

instruct jurors that they could not consider extraneous-offense evidence for propensity purposes or

“any other purpose besides the ones provided” in the instruction. We affirm the trial court’s nunc

pro tunc judgment of conviction. 1

1 The trial court issued a nunc pro tunc judgment on October 3, 2024, to correctly reflect
the jury’s finding that Lane used a deadly weapon.
BACKGROUND

The State alleged that on or about January 19, 2022, Lane set his wife, Nina Lane

(Nina), on fire. At trial, Nina testified about the charged offense as well as other abuse she suffered

from Lane. During their marriage, physical abuse “became an everyday thing” and typically

included his hitting her with his hands or choking her, including at least once in front of her

children. He poured gasoline on her twice (not including during the charged offense), punched

her in the face, and tried to shoot her. She had a scar on her head from when he had beaten her on

his release from jail and bruises on her body “because he would randomly hit [her] whenever [they]

were in bed together.” She testified, “I was so used to coming up with reasons or excuses why I

had black eyes or strangulation marks or a broken blood vessel in my eye that it just came natural,

unfortunately[.]” At no point during Nina’s testimony did defense counsel request a

contemporaneous limiting instruction regarding the purposes for which the extraneous-offense

evidence was admitted.

The trial court’s guilt-innocence phase jury charge included the following

instruction 2 concerning extraneous offenses:

If there is any testimony before you in this case regarding the defendant having
committed offenses other than the offense alleged in the indictment you are not to
consider that evidence at all unless you find, beyond a reasonable doubt, that the
defendant did, in fact, commit the offense. Those of you who believe the defendant
committed those offenses may consider it. You may consider this evidence for any
bearing this evidence has on relevant matters, including evidence 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 actor
and the alleged victim. You may consider the evidence for the purpose of proving
motive, opportunity, intent, preparation, plan, knowledge, identity, absence of

2 The instruction in part tracked article 38.371 of the Code of Criminal Procedure and Rule

of Evidence 404. See Tex. Code Crim. Proc. art. 38.371(b); Tex. R. Evid. 404(b)(2).
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mistake, or lack of accident of the defendant in connection with the offense alleged
against him in the indictment in this case.

After hearing the evidence and the attorneys’ arguments, the jury found Lane guilty

and assessed his punishment as stated above. This appeal followed.

DISCUSSION

In his only issue, Lane contends that the trial court “erroneously gave an incomplete

extraneous[-]offense instruction by failing to prohibit consideration of uncharged conduct for

propensity purposes, or any other purposes beyond those authorized, egregiously harming [Lane].”

He asserts that Nina “testified to at least six instances of extraneous conduct: at least two prior

occasions where she alleged [Lane] poured gasoline on her, unnumbered instances of threats and

physical abuse, a physically abusive event that she alleged occurred the evening before the instant

offense, and a threatening event involving a firearm from fall 2021.” Although he acknowledges

that defense counsel “did not request a limiting instruction at the time the evidence was admitted”

and that consequently “the evidence was admitted for all purposes,” Lane argues that the trial

court’s sua sponte inclusion of an extraneous-offense instruction without the provisions he

identifies on appeal was error. The State responds that the trial court had no duty to further limit

the purposes for which the jury could consider the extraneous-offense evidence because the

evidence was admitted for all purposes as a result of defense counsel’s failure to request

contemporaneous limiting instructions.

A trial court is statutorily obligated to instruct the jury on the “law applicable to the

case.” See Tex. Code Crim. Proc. art. 36.14; Mendez v. State, 545 S.W.3d 548, 552 (Tex. Crim.

App. 2018). The jury charge should tell the jury what law applies and how it applies to the case.

Delgado v. State, 235 S.W.3d 244, 249 (Tex. Crim. App. 2007). The trial court’s duty to instruct
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the jury on the “law applicable to the case” exists even when defense counsel fails to object to

inclusions or exclusions in the charge. Vega v. State, 394 S.W.3d 514, 519 (Tex. Crim. App.

2013). The trial court is “‘ultimately responsible for the accuracy of the jury charge and

accompanying instructions.’” Mendez, 545 S.W.3d at 552 (quoting Delgado, 235 S.W.3d at 249).

We review alleged jury-charge error in two steps: first, we determine whether error

exists; if so, we then evaluate whether sufficient harm resulted from the error to require reversal.

Alcoser v. State, 663 S.W.3d 160, 165 (Tex. Crim. App. 2022). When, as here, the defendant does

not make a timely objection during the proceedings below, we must determine whether the record

establishes that the error caused him “egregious harm.” See Gonzalez v. State, 610 S.W.3d 22, 27

(Tex. Crim. App. 2020).

Rule of Evidence 105 provides in relevant part that if a trial court admits evidence

that is admissible for one purpose but not another, “the court, on request, must restrict the evidence

to its proper scope and instruct the jury accordingly.” Tex. R. Evid. 105(a). A party may only

claim error for failure to provide a limiting instruction on appeal if it requested that the court

provide one at trial. See id. R. 105(b). The Court of Criminal Appeals summarized the trial court’s

responsibilities in Delgado:

[I]f a defendant does not request a limiting instruction under Rule 105 at the time
that evidence is admitted, then the trial judge has no obligation to limit the use of
that evidence later in the jury charge. This doctrine is a sensible one because
otherwise a jury might sit through most of a trial under the mistaken belief that
certain evidence is admissible for all purposes when, in fact, it is not. Once
evidence has been admitted without a limiting instruction, it is part of the general
evidence and may be used for all purposes . . . . [A] limiting instruction concerning
the use of extraneous offense evidence should be requested, and given, in the guilt-
stage jury charge only if the defendant requested a limiting instruction at the time
the evidence was first admitted.

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235 S.W.3d at 251; see Williams v. State, 273 S.W.3d 200, 230 (Tex. Crim. App. 2008) (“A failure

to request a limiting instruction at the time evidence is presented renders the evidence admissible

for all purposes and relieves the trial judge of any obligation to include a limiting instruction in

the jury charge.”); Hammock v. State, 46 S.W.3d 889, 895 (Tex. Crim. App. 2001) (“Because

appellant did not request a limiting instruction at the first opportunity, the evidence was admitted

for all purposes.”); Harmel v. State, 597 S.W.3d 943, 961 (Tex. App.—Austin 2020, no pet.)

(“[E]ven when a Rule 404(b) limiting instruction would be proper to give, the trial court has ‘no

duty to include one in the jury charge for the guilt phase [when] appellant fail[s] to request one at

the time the evidence was offered.’” (quoting Delgado, 235 S.W.3d at 254)).

Lane concedes that defense counsel did not request a contemporaneous limiting

instruction for any of the extraneous-offense evidence Lane has identified on appeal. Thus, as

Lane recognizes, that evidence was admitted for all purposes, and he cannot now claim error

arising from the evidence’s admission for those purposes. See Tex. R. Evid. 105; Delgado,

235 S.W.3d at 251; Hammock, 46 S.W.3d at 895. Moreover, because the evidence was admitted

for all purposes, the trial court had no duty to include any instruction restricting the permissible

scope of the jury’s consideration of the evidence. See Delgado, 235 S.W.3d at 251; Williams,

273 S.W.3d at 230.

To the extent Lane argues that by nevertheless including an extraneous-offense

instruction, the trial court was required also to instruct the jury that it could not consider

extraneous-offense evidence for any unlisted purpose, including propensity, he has offered no

authority for his argument, with which we do not agree. First, our sister court has noted the absence

of cases “holding that a trial court is prohibited from including a limiting instruction in such a

situation.” Ferreira v. State, 514 S.W.3d 297, 301 (Tex. App.—Houston [14th Dist.] 2016, pet.

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ref’d); accord Yepez v. State, 696 S.W.3d 1, 9 (Tex. App.—Houston [1st Dist.] 2022, no pet.)

(“Appellant has not directed us to, nor have we found, any cases holding that a trial court errs by

including an extraneous-offense limiting instruction in the jury charge over a defendant’s objection

in such circumstances.”).

Second, the Court of Criminal Appeals has held that inclusion of an unnecessary

extraneous-offense limiting instruction in a jury charge was not reversible error because it “was

not harmful but beneficial to the appellant.” Fair v. State, 465 S.W.2d 753, 755 (Tex. Crim. App.

1971). In Fair, there was no evidence of a completed extraneous offense, but the trial court

overruled the defendant’s objection to the inclusion of an instruction that the jury could consider

extraneous-offense evidence only in determining the defendant’s intent. Id. at 754–55. The

instruction in the present case could likewise only have benefited Lane by limiting the purposes

for which jurors could consider extraneous-offense evidence despite its being admitted for

all purposes.

Third, concluding that an extraneous-offense instruction in a jury charge must

contain certain limitations when no contemporaneous limiting instruction was requested would

render superfluous the Court of Criminal Appeals’ statements regarding the uselessness of all such

extraneous-offense instructions. The court has explained:

If the jury is required to consider evidence in a limited manner, then it must do so
from the moment the evidence is admitted. Allowing the jury to consider evidence
for all purposes and then telling them to consider that same evidence for a limited
purpose only is asking a jury to do the impossible. If a limiting instruction is to be
given, it must be when the evidence is admitted to be effective . . . . This Court has
noted that “it is impossible for [the jury] to go back at the close of the trial and
reassess the evidence in light of the limiting instruction, even if they could
appreciate which items of evidence the instruction was supposed to apply to.”

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Hammock, 46 S.W.3d at 894–95 (quoting Rankin v. State, 974 S.W.2d 707, 711 (Tex. Crim.

App. 1996).

For these reasons, we conclude that the trial court did not err by not instructing the

jury that it could not consider extraneous-offense evidence for propensity purposes or for other

purposes not listed in its extraneous-offense instruction. See Alcoser, 663 S.W.3d at 165. Because

we conclude that no error exists in the jury charge, we do not reach the issue of harm. See Celis

v. State, 416 S.W.3d 419, 423 (Tex. Crim. App. 2013) (“Because there is no charge error in this

case, we need not conduct a harm analysis.”). We overrule Lane’s sole issue.

CONCLUSION

Having overruled Lane’s only issue on appeal, we affirm the trial court’s judgment

of conviction.

__________________________________________
Rosa Lopez Theofanis, Justice

Before Justices Triana, Theofanis, and Crump

Affirmed

Filed: April 3, 2026

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