Francis, Jeremy M.
PD-0860-15
| Tex. App. | Oct 16, 2015Background
- Jeremy M. Francis was convicted of capital murder for the September 16, 2011 stabbing death of Martin Coronado and sentenced to life without parole; the Fifth Court of Appeals affirmed (modified judgment language to indicate life without parole).
- Investigation initially produced only a trail of bloody footprints at the scene and no eyewitnesses or surveillance video.
- Five days later (Sept. 21, 2011) covert officers observed Francis and William Langrum commit an aggravated robbery; a vehicle/foot chase led to their arrest and recovery of a knife and clothing.
- Forensic testing linked Coronado to a stain on Francis’s right shoe (DNA match probability cited by the lab) and linked Langrum to other clothing/knife samples; cell‑tower records placed calls from Francis’s phone near the crime area around the time of the murder.
- The State introduced testimony about the Sept. 21 aggravated robbery and evading/flight to explain how police located the suspects and recovered the knife and clothing; Francis objected under Rules 401, 402, 403, and 404(b).
- The trial court admitted the extraneous‑offense evidence; on appeal Francis argued the admission violated Rules 404(b) and 403 by prejudicing the jury and suggesting propensity.
Issues
| Issue | Francis's Argument | State's Argument | Held |
|---|---|---|---|
| Admissibility of Sept. 21 extraneous offenses under Tex. R. Evid. 404(b) and 403 | Admission improperly allowed propensity inference; prejudicial and outweighed probative value | Evidence was same‑transaction/contextual and necessary to explain how police recovered the knife and clothing; minimal prejudice | Court affirmed: evidence admissible as same‑transaction contextual evidence and not excluded under Rule 403 |
Key Cases Cited
- Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1990) (Rule 403 balancing presumption favoring admissibility)
- Martinez v. State, 327 S.W.3d 727 (Tex. Crim. App. 2010) (abuse‑of‑discretion standard for evidentiary rulings)
- De La Paz v. State, 279 S.W.3d 336 (Tex. Crim. App. 2009) (proponent must explain non‑propensity rationale for extraneous‑acts evidence)
- Rogers v. State, 853 S.W.2d 29 (Tex. Crim. App. 1993) (contextual/same‑transaction evidence doctrine)
- Devoe v. State, 354 S.W.3d 457 (Tex. Crim. App. 2011) (same‑transaction contextual evidence admissible when offenses are interwoven)
- Moreno v. State, 721 S.W.2d 295 (Tex. Crim. App. 1986) (jury entitled to surrounding facts; offense not tried in a vacuum)
- Gigliobianco v. State, 210 S.W.3d 637 (Tex. Crim. App. 2006) (refined six‑factor Rule 403 analysis)
- Mozon v. State, 991 S.W.2d 841 (Tex. Crim. App. 1999) (Rule 403 exclusion grounds)
- Williams v. State, 958 S.W.2d 186 (Tex. Crim. App. 1997) (presumption that trial judge performed Rule 403 balancing)
- Santellan v. State, 939 S.W.2d 155 (Tex. Crim. App. 1997) (same presumption regarding Rule 403 balancing)
