Armaud Sears v. State
09-15-00161-CR
| Tex. App. | Jan 31, 2017Background
- Early morning March 8, 2013, three masked men armed with guns invaded Laura Brown’s home, held her and her children at gunpoint, and stole cash and jewelry; victim believed they had located hidden money.
- Kadrian Cormier (victim’s boyfriend) escaped through a bathroom window during the break‑in, flagged down a red Toyota Tundra, later identified Sears from a photo lineup as that truck’s driver, and provided the truck’s license plate number.
- A witness separately reported seeing a red Tundra back up near a drainage ditch behind the neighborhood, three men run from the ditch into the truck, and supplied the same plate; rental records showed Sears had the truck via Crystal Foxall.
- Sears was arrested driving the same red Tundra two days later; he denied participating but admitted being in the area and that someone jumped into his truck that morning.
- While jailed, Sears (using the nickname “Sauce”) made recorded calls discussing efforts to keep a person called “K” (likely Cormier) from going to court; the trial court admitted those calls and, finding forfeiture by wrongdoing, admitted Cormier’s out‑of‑court statements despite his absence.
- Jury convicted Sears of aggravated robbery; the appellate court held the record lacked evidence Sears knew a deadly weapon would be used (so aggravated‑robbery weapon element unsupported), reformed the verdict to robbery, vacated punishment, and remanded for a new punishment hearing.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Sears) | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated‑robbery weapon element | Sears was party to the offense (getaway driver) and thus criminally responsible for the assailants’ use of firearms | No evidence Sears knew a deadly weapon would be used; he was only ‘‘in the area’’ and mere participation as driver doesn’t show knowledge of weapons | Reversed as to aggravated element: insufficient evidence Sears was criminally responsible for the deadly‑weapon element; judgment reformed to robbery |
| Sufficiency/corroboration of accomplice testimony (Cormier) | Cormier’s out‑of‑court statements identifying Sears and the plate were reliable and corroborated by other evidence (plate, witness, rental records) | Cormier was an accomplice; his statements required statutory corroboration and were the only evidence tying Sears to the truck | Court held Cormier was not an accomplice as a matter of law; article 38.14 did not apply; corroboration issue overruled |
| Admission/authentication of recorded jail phone calls | Calls were properly authenticated (jail sergeant described PIN/voice recognition system and identified Sears’s voice); calls were admissible and relevant to intent and consciousness of guilt | Recordings were not properly authenticated and were unduly prejudicial (Rule 403) | Authentication adequate under Rule 901; no timely Rule 403 objection preserved at trial, so admission affirmed |
| Forfeiture by wrongdoing / Confrontation Clause (admission of Cormier’s statements) | Sears’s recorded calls and investigators’ evidence showed Sears intended to and did procure Cormier’s absence (threats/bribes), so he forfeited his confrontation right | State failed to prove Sears made the calls or that Sears’s conduct actually procured Cormier’s absence; other benign reasons existed for Cormier’s nonappearance | Trial court did not abuse discretion; sufficient evidence supported forfeiture by wrongdoing and admission of Cormier’s statements |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Crawford v. Washington, 541 U.S. 36 (Confrontation Clause bars testimonial hearsay unless witness unavailable and prior opportunity for cross‑examination)
- Giles v. California, 554 U.S. 353 (defendant forfeits confrontation right if wrongful acts intended to procure witness’s absence)
- Thornton v. State, 425 S.W.3d 289 (reformation to lesser‑included offense when evidence insufficient for greater offense but sufficient for lesser)
- Hooper v. State, 214 S.W.3d 9 (circumstantial evidence and reasonable inferences may sustain conviction)
- Temple v. State, 390 S.W.3d 341 (deference to factfinder; sufficiency principles in Texas)