Edwin Gus Schneider v. State
2013 Tex. App. LEXIS 14200
| Tex. App. | 2013Background
- Appellant Edwin Gus Schneider was charged by indictment with two counts of aggravated robbery for robberies on June 5 and June 30, 2010.
- The jury convicted Schneider of aggravated robbery on both dates and found a deadly weapon (a firearm) was used during each offense.
- Three prior felony enhancement paragraphs were found true by the jury, and punishment was assessed at life imprisonment for each count.
- Schneider challenged the legal sufficiency of the evidence proving the deadly weapon was used/exhibited, seeking two robbery judgments and removal of the weapon findings.
- The court affirmed the judgments, concluding legally sufficient evidence supported the deadly-weapon finding on both counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for deadly weapon | Schneider argues no weapon was proven on June 5/that gun was demonstrated. | State contends witnesses’ testimony and inferences support firearm use. | Evidence legally sufficient to prove use/exhibition of a deadly weapon. |
| Evidence sufficiency for aggravated robbery elements | Schneider contends jury must infer weapon existence plus firearm identity. | State relies on direct and circumstantial evidence to prove elements beyond reasonable doubt. | Record supports each element of aggravated robbery beyond reasonable doubt. |
| Remand/reformation relief | Schneider seeks reform of judgments to robbery (not aggravated) and removal of deadly-weapon findings. | State ups follows the convictions and seeks no such remand. | Appellate court overruled and affirmed judgments; no remand required. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: rational juror could find elements beyond reasonable doubt)
- Brooks v. State, 323 S.W.3d 898 (Tex. Crim. App. 2010) (credibility and jury weighing preserved; circumstantial evidence allowed)
- Chambers v. State, 805 S.W.2d 459 (Tex. Crim. App. 1991) (jury credibility determination given deference)
- Conner v. State, 67 S.W.3d 192 (Tex. Crim. App. 2001) (consideration of all evidence, direct and circumstantial)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (circumstantial evidence can sustain guilt)