Unreported / Non-Citable
Background
A Hopkins County jury convicted Diamonte Jakeli Paynes of continuous trafficking of persons and sentenced him to life imprisonment. Aleigha Coble testified that Paynes recruited her through a dating website, posted advertisements for prostitution, transported her to customers in Texas and other states, and collected her earnings. Paynes acknowledged that he had worked as a pimp for eight or nine years, maintained a “stable” of women, managed Coble as her pimp, and flew her to several states to engage in prostitution, but denied that his conduct constituted trafficking.
During deliberations, the jury asked whether the statutory period of at least 30 days had to occur in Hopkins County or merely within Texas. The trial court answered that the offense required two or more acts over at least 30 days and that at least one act must have occurred in Hopkins County. Paynes also challenged the admission of 62 exhibits containing rap lyrics and related writings seized from his jail property.
The Court’s Holding
The Sixth Court of Appeals affirmed. It held that the trial court’s response to the jury was an accurate, neutral statement addressing venue rather than an improper comment on the evidence. Texas law did not require every trafficking act, or the entire 30-day period, to occur in Hopkins County. The response neither told jurors that an act had occurred there nor endorsed the prosecution’s factual position.
The court also held that admitting the writings was within the trial court’s discretion under Rule 403. Paynes admitted authorship and acknowledged that some lyrics concerned real events, while Coble connected details in the writings to herself, her interstate prostitution, and Paynes’ operation. The writings were probative of recruitment, transportation, control, and the charged conduct, and they rebutted the defense’s claim that Paynes and Coble merely had a romantic relationship. Their probative value was not substantially outweighed by unfair prejudice, confusion, delay, or needless repetition.
Key Takeaways
- A trial court may give a neutral supplemental instruction to resolve juror confusion about the law during deliberations.
- Venue for continuous trafficking does not require all predicate trafficking acts or the entire statutory period to occur in the county of prosecution.
- Rap lyrics and related writings may be admitted when evidence ties them to the defendant, the victim, and the charged operation rather than merely using them to suggest criminal character.
Why It Matters
The decision distinguishes inflammatory artistic expression offered only as character evidence from writings connected by independent evidence to the charged crime. It also confirms that Texas trafficking prosecutions may encompass conduct spanning multiple counties and states when the statutory venue requirements are met.