Christopher Allen Phillips v. State
2014 Tex. App. LEXIS 5316
| Tex. App. | 2014Background
- Phillips convicted of aggravated robbery with prior felony enhancement; appeal challenging trial errors rather than sufficiency.
- January 17, 2011: robbery at Mane Attraction salon; masked gunman demanded money, Judd attempted to spray mace, Price fled; a green backpack with a crack pipe left behind; Judd heard a gunshot.
- Sims testified he saw a vehicle matching robber description with Phillips in passenger seat; Dulin testified Phillips helped plan the robbery and used Judd’s stolen card.
- Police traced Judd’s credit card to a McGregor gas station; Dulin stated Phillips was in the car during the robbery and used Judd’s card.
- Diggs and Slaughter, jailhouse inmates, testified Phillips asked them to sign statements implicating Dulin; the State later introduced an audio recording (State’s Exhibit 24) of a jailhouse phone call with Dulin and Phillips.
- The Court overruled Phillips’s challenges, affirming the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether article 38.075 required a jury instruction | Phillips argues 38.075 applies to jailhouse testimony. | State contends 38.075 does not apply here. | 38.075 does not apply. |
| Whether jailhouse testimony could not corroborate another jailhouse testimony | Phillips says jailhouse testimony cannot corroborate other jailhouse testimony. | State argues no such limitation under 38.075. | Instruction not required; issue preserved for harm analysis. |
| Whether a jailhouse recording was properly authenticated | Phillips contends State’s Exhibit 24 was unauthenticated. | State asserts proper authentication under Rule 901(b). | Trial court did not abuse discretion; Exhibit 24 admissible. |
| Competency of the victim-witness Judd | Phillips argues Judd was incompetent to testify due to mental state. | No objection preserved; competency not preserved for review. | Issue unpreserved; affirmed. |
Key Cases Cited
- Tolbert v. State, 306 S.W.3d 776 (Tex.Crim.App.2010) (standard for reviewing jury charge error matters)
- Watkins v. State, 333 S.W.3d 771 (Tex.App.-Waco 2010) (consideration of jailhouse testimony under 38.075)
- Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1985) (standard for egregious harm in charge errors)
- Fernandez v. State, 396 S.W.2d 885 (Tex.Crim.App.1965) (corroboration standards for non-treasure cases (interpretation of corroboration evidence))