Elton Anthony Branch v. State
04-14-00644-CR
| Tex. App. | Feb 6, 2015Background
- On June 6, 2013, security guard Clifton Wallace encountered a man in a vehicle in the Kiolbassa Provision Company parking lot; a struggle ensued when Wallace confronted the man.
- Two employees (Saul Monsivais and Steve Moreno) observed part of the altercation from 10–30 feet away, chased the fleeing man, and later participated in a one-on-one identification at the scene; fingerprints belonging to appellant were found on the vehicle.
- Wallace was later observed bleeding on his lower side; witnesses did not see a stab or cut at the time of the struggle and Wallace did not feel he had been stabbed during the incident.
- A knife was recovered in the parking lot but belonged to another employee and bore no blood; the owner testified it required two hands to open.
- Appellant Elton Anthony Branch (African American, wearing a white shirt) was arrested a few blocks away without incident, surrendered immediately, and was identified by employees; appellant was convicted by a jury of assault with a deadly weapon and received 25 years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove aggravated assault with a deadly weapon | Branch: fingerprints and presence are circumstantial and do not prove he stabbed Wallace; no weapon with blood or prints; eyewitness descriptions were vague | State: circumstantial evidence and identifications plus fingerprints suffice under Jackson/Brooks standards to let jury decide | Appeal asserts insufficiency; appellate disposition not included in brief |
| Admissibility of gruesome photographs | Branch: photos were cumulative, overly prejudicial under Rule 403 and denied a fair trial | State: photos showed different angles and stages of treatment, relevant to ID and cause of injury | Appellant objected at trial; appellate outcome not provided in brief |
| Admission of hearsay statements (testimony recounting out-of-court statements) | Branch: Wallace’s recounting of statements to Moreno was hearsay offered for truth and was improperly admitted | State: sought to admit the statements for identification/causation context (trial argument) | Appellant objected at trial; appellate outcome not provided in brief |
| Identification procedure (one-on-one ID reliability) | Branch: one-on-one ID and circumstantial evidence unreliable; eyewitness descriptions inconsistent and limited | State: eyewitness observations, chase, and subsequent ID support reliability when viewed by jury | Issue raised on appeal; appellate disposition not provided in brief |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (legal-sufficiency standard requiring that any rational trier of fact could find guilt beyond reasonable doubt)
- Brooks v. State, 323 S.W.3d 893 (Tex.Crim.App.) (application of Jackson standard in Texas)
- Carrizales v. State, 414 S.W.3d 737 (Tex.Crim.App.) (reviewing sufficiency and evidence consideration)
- Solomon v. State, 49 S.W.3d 356 (Tex.Crim.App. 2001) (mere presence is insufficient to prove guilt)
- Powell v. State, 194 S.W.3d 503 (Tex.Crim.App.) (consideration of all record evidence in sufficiency review)
- Wise v. State, 364 S.W.3d 900 (Tex.Crim.App.) (deference to jury on conflicting evidence and inferences)
- Mayberry v. State, 351 S.W.3d 507 (Tex.App.—San Antonio) (circumstantial evidence and inferences analyzed in sufficiency review)
- Ates v. State, 21 S.W.3d 384 (Tex.App.—Tyler) (upholding convictions on circumstantial evidence when motive and other circumstances present)
- Long v. State, 823 S.W.2d 259 (Tex.Crim.App.) (factors for determining prejudicial effect of photographs)
- Moreno v. State, 755 S.W.2d 866 (Tex.Crim.App.) (appellate role as due-process safeguard reviewing rationality of factfinder)