Appellee David Jennings was convicted in Texas state court in 1979 of aggravated kidnaping, a sex offense.1 He pleaded guilty and stipulated to the fact that he “abducted and restrained [the victim] with the specific intent to facilitate the commission of a felony offense, namely, indecency with a child, and with the specific intent to . . . violate and abuse [the victim] sexually.” Jennings was fifteen years old at the time of the underlying offense, and the victim was an eight-year-old boy who lived across the street from Jennings. Jennings was certified as an adult and sentenced to eight years’ imprisonment. According to Jennings’s deposition testimony in this case, he lured the victim into his car, drove approximately 50 miles to a motel, and rented a room, where the victim performed oral sex on Jennings. About an hour later, the two got back into Jennings’s car, where the victim undressed. After driving a few miles to a rural area, Jennings stopped; the victim got out of the car and refused to get back in, whereupon Jennings drove away, leaving the victim naked by the side of the road. Jennings was paroled in 1983.
In 1984, Jennings’s parole was revoked after he pleaded guilty to false imprisonment. Although no specific findings of fact were entered, the probable cause affidavit describes the underlying facts. The affidavit states that Jennings (then twenty-one years old) asked a thirteen-year-old boy if he would mow Jennings’s grandmother’s yard. The boy agreed, and he got in a car with Jennings. Jennings drove for some time, but when he stopped the car at a gas station, the boy got out of the car and told the station attendant that he did not know Jennings and did not want to go with him. When Jennings tried to get the boy back in the car, the attendant refused to let him leave with the boy.
Jennings was paroled again in 1985; soon after, in 1986, his parole was revoked once more after he pleaded guilty to forgery. Jennings’s sentence for the aggravated kidnaping was finally discharged in 1988. Shortly after his release, Jennings pleaded guilty to debit card abuse in 1989. He received a sentence of 25 years’ imprisonment, due to enhancements for the aggravated kidnaping and forgery convictions.
Jurisdiction: U.S. Court of Appeals, Fifth Circuit
Related Categories: Constitutional Law
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