Cordrecus Dunque Burton v. State, 510 S.W.3d 232

On Feb. 18, 2015 Brittany Darby was threatened at gunpoint at a car wash; the assailant (identified at trial as Burton) searched her car, took her purse and cell phone, struck her, and fled across the street into an apartment complex. Witnesses corroborated the assault, and one witness saw the defendant point a gun at another resident. Darby later recovered her purse when the assailant returned it.
Burton was charged by a one-count, two-paragraph indictment for aggravated robbery with a deadly weapon: paragraph one alleged he caused bodily injury, paragraph two alleged he threatened or placed the victim in fear; both paragraphs alleged use/exhibition of a firearm.
At trial Burton testified he had gone to buy marijuana, that a third party ("J Rock") wrestled him for money and a gun, and that he later took the gun and a purse while trying to retrieve his money; he denied striking Darby.
The jury was charged in the disjunctive (guilty if it found either bodily-injury or threat method) and returned a general guilty verdict; Burton was sentenced to 30 years’ imprisonment.
On appeal Burton argued (1) the disjunctive charge violated his right to a unanimous verdict because the jury was not required to agree on which paragraph supported guilt, and (2) insufficiency of the evidence because he returned the property and contested intent to steal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jury unanimity re: disjunctive submission of alternative robbery theories	State: alternate methods (causing bodily injury or threatening) are means of committing the same offense; general unanimity instruction suffices	Burton: jury must unanimously agree on which paragraph (method) supported guilt; disjunctive charge allowed non-unanimous agreement	Court: No error — disjunctive submission of alternative methods of the same offense permitted; Cooper controls, so unanimity requirement satisfied
Sufficiency of the evidence to prove aggravated robbery (intent to obtain/control property and aggravated element)	State: testimony and corroborating witnesses showed Burton threatened/assaulted Darby, took purse/phone and fled while armed — sufficient to infer intent and deadly-weapon use	Burton: returning the purse and phone negates intent to permanently deprive; defense offered an alternate narrative implicating third party (J Rock)	Court: Evidence viewed in light most favorable to verdict supports conviction; assaultive conduct while taking property at gunpoint supports intent to obtain/control and aggravated-robbery elements; sufficiency upheld

Landrian v. State, 268 S.W.3d 532 (Tex. Crim. App. 2008) (unanimous verdict requirement and principles on alternative theories)
Cooper v. State, 430 S.W.3d 426 (Tex. Crim. App. 2014) (aggravated-robbery methods—causing bodily injury and threat—are alternative means of same offense; double jeopardy/unanimity implications)
Thomas v. State, 444 S.W.3d 4 (Tex. Crim. App. 2014) (framework for sufficiency review using the hypothetically correct jury charge)
Ex parte Denton, 399 S.W.3d 540 (Tex. Crim. App. 2013) (robbery focuses on assaultive conduct; completed theft not required)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of the evidence review)