Felix Villarreal v. State
13-15-00014-CR
Tex. App.Dec 9, 2016Background
- Felix Villarreal was caught shoplifting at Walmart; a loss-prevention officer (Wyatt) witnessed the theft and later identified him to police.
- While fleeing, Villarreal removed a pill bottle from his pocket and tossed it under a nearby parked car; Wyatt retrieved the bottle and gave it to Officer Burdick. The bottle contained methamphetamine.
- Witnesses testified Villarreal made an underhand toss between parked vehicles; Wyatt said the bottle landed in plain view and was not hidden.
- Villarreal was convicted by a jury of tampering with evidence (by concealment) along with drug-possession charges; he appealed only the tampering-with-evidence conviction.
- The legal question focused on whether Villarreal’s act of tossing the bottle amounted to "concealment" under the tampering statute or, alternatively, to attempted tampering.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for tampering by concealment | The State: throwing the bottle under a car while fleeing shows concealment to impair evidence | Villarreal: the bottle landed in plain view and was not hidden, so no concealment occurred | Reversed — evidence insufficient for tampering by concealment; judgment of acquittal rendered on that charge |
| Sufficiency of evidence for attempted tampering with evidence (lesser‑included) | The State: the toss while fleeing shows specific intent to conceal/impair and an act beyond mere preparation | Villarreal: no concealment occurred; insufficient to prove specific intent to conceal or impair | Affirmed in part — court concluded evidence supports conviction for attempted tampering; conviction rendered for attempted tampering and case remanded for proceedings consistent with that conviction |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (deference to factfinder on credibility and evidence conflicts)
- Thornton v. State, 425 S.W.3d 289 (Tex. Crim. App. 2014) (must consider lesser‑included offense of attempted tampering when evidence insufficient to prove tampering)
- Rabb v. State, 483 S.W.3d 16 (Tex. Crim. App. 2016) (elements and sufficiency analysis for attempted tampering)