Candra Nicole Applegate, who was convicted on the December 9, 2013 of two third-degree felony offenses of bodily injury to a child and two first-degree felony offenses of serious bodily injury to a child, appeared in the 11th District Court of Appeals in Eastland on September 30, 2015. In the case Candra Nicole Applegate, Appellant v. THE STATE OF TEXAS, Appellee; Applegate’s lawyer challenged all four of Applegate’s convictions on sufficiency grounds. She also claimed, in all four appeals, that improper comments by the trial judge fundamentally harmed her case. The court of appeals determined that in regards to Applegate’s argument for sufficiency grounds that sufficient evidence was presented to the court and the trial court's judgment is affirmed.
On Issue two of the appeal, Applegate argued that comments by the trial court about her “boilerplate” rights, such as her presumption of innocence and her right against self-incrimination, fundamentally harmed her because it “de-emphasiz[ed]” the importance of those rights.
The appeals court upheld that the course of action and comments made by the trial court were not harmful to Applegate’s case.
Applegate was tried and convicted in the 259th Judicial District court in 2013 for the two third-degree felony offenses of bodily injury to a child and two first-degree felony offenses of serious bodily injury to a child. The trial court assessed punishment at confinement for ten years for each of the convictions for bodily injury to a child and confinement for twenty-six years for each of the convictions for serious bodily injury to a child. The trial court sentenced Appellant and ordered that the sentences run concurrently.
Applegate was arrested when her 9 month old twins were found to have multiple fractures over their body. She was charged with “intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child” serious bodily injury or bodily injury.