Alex Gonzalez v. State
01-14-00434-CR
Tex. App.Jan 13, 2015Background
- On Nov. 23, 2012, Alex Gonzalez was identified as a suspect in an assault at Christus St. Catherine Hospital and later drove to the ER exit.
- Deputy Laird, in uniform, approached Gonzalez’s vehicle while two other marked patrol units pulled in behind with emergency lights on.
- Gonzalez accelerated away from the officers and led a pursuit through the hospital parking lot and public roads.
- Deputy B. Luce pursued for over two minutes; video and testimony showed Gonzalez ran red lights and stop signs and was reflected with emergency lights visible on his plate.
- Three patrol cars participated and ultimately boxed Gonzalez in; officers found a one- or two-year-old child in the vehicle.
- Gonzalez was tried by jury, convicted of evading detention in a motor vehicle (Tex. Penal Code § 38.04), and sentenced to 25 years; he appealed asserting insufficient evidence to prove evasion.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Gonzalez) | Held |
|---|---|---|---|
| Sufficiency of the evidence to support conviction for evading in a motor vehicle | Evidence (uniformed officer approach, marked units with lights, defendant accelerated and fled, ran lights/stop signs, pursuit video) permits a rational jury to find intentional/knowing flight beyond a reasonable doubt | Evidence was insufficient; the deputies allegedly did not need to box in his car to make him stop, implying lack of proof of attempted detention or flight | Court/State: The evidence was legally sufficient. Viewing evidence in prosecution's favor, a rational jury could find Gonzalez intentionally/knowingly fled from police in a vehicle; appellant's point is overruled |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (Jackson standard and sufficiency review discussion)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of the evidence: whether any rational trier could find guilt beyond a reasonable doubt)
- Chambers v. State, 805 S.W.2d 459 (Tex. Crim. App. 1991) (jury as sole judge of witness credibility and weight)
- King v. State, 29 S.W.3d 556 (Tex. Crim. App. 2000) (circumstantial evidence may be sufficient; same standard as direct evidence)
- Johnson v. State, 871 S.W.2d 183 (Tex. Crim. App. 1993) (combined and cumulative force of incriminating circumstances may support conviction)
- Rogers v. State, 832 S.W.2d 442 (Tex. App.—Austin 1992) (evidence sufficient where officer signaled to stop and driver accelerated and fled)
