Dustin Ryan Rhoades v. State
07-13-00319-CR
| Tex. App. | Sep 15, 2015Background
- Around midnight June 7, 2012, Deans Anderson was found shot to death inside his Amarillo apartment; a neighbor saw a man and woman flee to a red minivan and the man carried a small black pistol.
- Police linked a recent call on Anderson’s phone to an escort-service participant, Cree-Anna Shamell Dawn, who had accompanied appellant Dustin Ryan Rhodes to Anderson’s door that night and identified Rhodes as the shooter.
- Rhodes gave a voluntary written statement saying he went with Dawn to recover money she said was taken, pointed a .357 revolver at Anderson, exchanged words when Anderson stepped forward, “twisted and pulled the trigger,” and later sold the gun.
- The State tried Rhodes for murder (intentional/knowing murder and felony-murder predicated on deadly conduct); the court admitted Rhodes’s written statement and other testimony; Rhodes did not testify.
- A jury convicted Rhodes of murder and assessed punishment (enhanced) at 40 years’ confinement; Rhodes appeals raising four issues (three sufficiency/ acquittal requests and one for a new trial related to suppression).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Rhodes) | Held |
|---|---|---|---|
| Sufficiency: intent/knowingly caused death | Statement and circumstantial evidence show Rhodes pointed a gun and pulled the trigger, supporting intentional or knowing murder | The gun discharged by involuntary reflex or accident, so evidence insufficient to show intent/knowledge | Affirmed — evidence sufficient for either intentional or knowing murder and for felony-murder predicate (deadly conduct) |
| Jury instruction on voluntariness | No instruction required because Rhodes’s voluntary acts (bringing/pointing the gun) satisfy §6.01(a) even if discharge was unintended | Requested instruction that if the shooting was accidental/involuntary, jury must acquit | Denied — voluntary act (carrying/pointing) included in the offense; no required instruction on involuntariness |
| Motion to quash paragraph two of indictment (felony-murder pleading) | Indictment adequately alleged an act clearly dangerous to human life (pointing a firearm) to satisfy felony-murder element | Paragraph alleged only pointing (argued to correspond to misdemeanor reckless deadly conduct, so cannot underlie felony-murder) | Denied — paragraph sufficiently charged; deadly conduct (knowingly discharging a firearm) can be underlying felony and pointing allegation satisfied act-dangerous requirement |
| Suppression/standing re: undercover prostitution arrest of Dawn | Identification and statement derived from an undercover prostitution sting were lawfully used; Rhodes lacks standing to challenge alleged prostitution-law violation | Police obtained Rhodes’s identity and statement via an undercover prostitution operation violating the prostitution statute, so evidence should be suppressed | Denied — Rhodes lacks standing under art. 38.23 to complain about law violations that invaded Dawn’s rights but not his own |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence)
- Brooks v. State, 323 S.W.3d 893 (appellate review of sufficiency)
- Salinas v. State, 163 S.W.3d 734 (Jackson standard application)
- Lancon v. State, 253 S.W.3d 699 (credibility determinations by jury)
- Rodriguez v. State, 454 S.W.3d 503 (definition and application of felony-murder)
- Guevara v. State, 152 S.W.3d 45 (intent may be inferred from acts and conduct)
- Washington v. State, 417 S.W.3d 713 (deadly conduct can underlie felony-murder)
- Johnson v. State, 4 S.W.3d 254 (limitations on merger for felony-murder underlying offenses)
- Fuller v. State, 829 S.W.2d 191 (standing under art. 38.23; third-party rights)
- Farmer v. State, 411 S.W.3d 901 (voluntary-act requirement under §6.01(a))
- Rogers v. State, 105 S.W.3d 630 (instruction required when defensive theory raised)
- George v. State, 681 S.W.2d 43 (voluntary pointing of a gun suffices even if discharge unintended)