Andrew Ferguson v. State
11-13-00317-CR
| Tex. App. | Oct 30, 2015Background
- Andrew Ferguson was convicted by a jury of aggravated robbery and engaging in organized criminal activity; received concurrent 27-year sentences; appeal affirmed.
- Three masked individuals robbed a 7‑Eleven at gunpoint; two codefendants (Javonte James and Trevor Norman) later confessed and pled guilty.
- Witness and police testimony tied Ferguson to the scene: matching clothing/shoes, photos from an SD card on Ferguson’s phone showing him with a similar gun, possession of cash soon after the robbery, and recovered BB guns and hoodies at a codefendant’s residence.
- Ferguson denied participation, claimed alibi (with girlfriend and friends), and argued the gun in his phone photos was different from the BB gun used in the robbery.
- On appeal Ferguson raised: (1) prosecutorial misconduct during voir dire and trial; (2) improper admission of video exhibits and alleged Brady violation for nondisclosure of phone photos; and (3) insufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Ferguson) | Held |
|---|---|---|---|
| Sufficiency of the evidence | Evidence and reasonable inferences support conviction for aggravated robbery and organized criminal activity | Evidence insufficient; alibi and claimed differences between guns undermine identification | Conviction upheld; rational jury could find guilt beyond a reasonable doubt (Jackson standard) |
| Admission of codefendant videos (State’s Exs. 36, 37) | Videos were admissible and relevant | Admission was erroneous | Waived on appeal (no trial objection); no reversible error |
| Alleged Brady violation (phone SD card photos) | Disclosure satisfied by open‑file policy; photos were not exculpatory | State withheld exculpatory evidence showing different gun | Waived (no Brady objection at trial); even if preserved, photos were not exculpatory |
| Prosecutorial misconduct (voir dire & guilt phase) | Conduct did not justify reversal | Misconduct during voir dire and trial deprived Ferguson of fair trial | Waived (no timely, specific objection, no request for instruction, no mistrial motion); claim overruled |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App.) (appellate scope of review for sufficiency)
- Dewberry v. State, 4 S.W.3d 735 (Tex. Crim. App.) (weight and credibility for factfinder)
- Isassi v. State, 330 S.W.3d 633 (Tex. Crim. App.) (reviewing evidence and inferences)
- Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App.) (presuming factfinder resolved conflicts in favor of verdict)
- Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App.) (abuse of discretion standard for evidentiary rulings)
- Brady v. Maryland, 373 U.S. 83 (prosecutor’s duty to disclose exculpatory evidence)
- Harm v. State, 183 S.W.3d 403 (Tex. Crim. App.) (elements to establish Brady violation)
- Pena v. State, 353 S.W.3d 797 (Tex. Crim. App.) (preservation of Brady complaints)
- Havard v. State, 800 S.W.2d 195 (Tex. Crim. App.) (what qualifies as exculpatory evidence)