Artavious Deon Hollins v. State
01-14-00744-CR
| Tex. App. | Jun 19, 2015Background
- Artavious Deon Hollins was indicted and convicted of murder and tampering with evidence; sentenced to life for murder and 25 years for tampering; this is an appellant supplemental brief challenging the tampering conviction.
- Dispute arose after neighborhood confrontations at Casa Nube apartments; multiple residents (including Shae, Derrick Williams, and Andre Lewis) instigated and entered Hollins’s apartment during a confrontation.
- A struggle over a gun occurred inside Hollins’s apartment; the gun discharged and Derrick Williams was shot; witnesses agree Hollins was not the initial aggressor and did not intend to shoot.
- Police recovered a pink Palmer-frame pistol and clothing (a tank-top and other garments) near the apartment complex; the clothing and gun were found very close together and near where the shooting occurred.
- Hollins fled the scene; the defense contends recovered items show he discarded them while fleeing rather than concealing or altering evidence to impede an investigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for tampering with evidence (Penal Code §37.09) | State: items found near scene support that Hollins altered/removed evidence to impair investigation | Hollins: items were discarded while fleeing; no evidence he knew an investigation was pending or intended to impair it | Brief urges reversal—asserts evidence legally insufficient (court ruling not included in brief) |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App.) (standard for reviewing legal sufficiency)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (Jackson sufficiency test: view evidence in light most favorable to prosecution)
- Wise v. State, 364 S.W.3d 900 (Tex. Crim. App.) (application of Jackson and credibility deference to factfinder)
