Billy Joe Wyatt v. State, 367 S.W.3d 337

Wyatt was convicted of three counts of aggravated robbery and sentenced to 22 years’ confinement on each count, to run concurrently, but the court reversed and rendered acquittal on appeal.
The State charged Wyatt as a theory of party liability for aggravated robbery based on Tolbert’s firearm use during the robbery.
Evidence showed Tolbert wore a yellow-green vest, brandished a weapon inside the bank, and stole money including bait money; Wyatt was outside in a white Oldsmobile acting as getaway driver.
Tolbert was later identified and convicted for three counts of aggravated robbery related to the same bank robbery.
Appellant argues the record lacks evidence that he knew or should have known a firearm would be used, which is necessary to support party liability for the aggravated element.
The intermediate appellate court agrees the evidence does not show Wyatt knew the firearm would be used and reverses, rendering acquittal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is Wyatt guilty as a party to aggravated robbery without evidence he knew a weapon would be used?	Wyatt (Wyatt) contends there is no evidence he knew a firearm would be used.	State contends party-liability evidence supports guilt despite lack of direct knowledge of weapon use.	Conviction reversed; acquittal rendered.

Stephens v. State, 717 S.W.2d 338 (Tex. Crim. App. 1986) (requires awareness of the weapon for party liability in aggravated offenses)
Johnson v. State, 6 S.W.3d 709 (Tex. App.—Houston [1st Dist.] 1999) (getaway-driver cases with weapon knowledge considerations)
Webber v. State, 757 S.W.2d 51 (Tex. App.—Houston [14th Dist.] 1988) (getaway-driver case; weapon knowledge not established impliedly)
Thompson v. State, 697 S.W.2d 413 (Tex. Crim. App. 1985) (precedent on party liability and weapon use)
Rodriguez v. State, 129 S.W.3d 551 (Tex. App.—Houston [1st Dist.] 2003) (reversed aggravated-robbery conviction based on party-liability where weapon knowledge was absent)