Harlan, Paul Antwann
PD-1272-15
| Tex. App. | Dec 11, 2015Background
- On May 7, 2013 two masked men robbed Hilda’s Grocery in Dallas; one (the shorter gunman) fled and later a crashed Lexus tied to the scene was found nearby. Co-defendant Latiki Bosman was captured at the store.
- Items (a gun, camouflage hat, dark shirt) were recovered near a bridge after a K‑9 track; a search of the crashed Lexus’s trunk produced Paul Harlan’s wallet and cell phone along with Latiki’s.
- DNA testing: shirt cutting produced an "unknown male" profile (excluded Harlan); hat cuttings produced a mixed profile that included Harlan as a possible contributor with conservative random match probabilities of 1 in 1,160 and 1 in 648; gun sample was low‑level DNA and Harlan was a possible contributor with a 1‑in‑7 conservative probability.
- Witness identification was weak: store employees did not identify either suspect; Juan Pina (the would‑be carjacking victim) identified Keonte Bosman in a photo lineup and could not positively identify Harlan at trial.
- Harlan was tried and convicted of aggravated robbery with a deadly weapon; sentenced to 50 years. The Sixth Court of Appeals affirmed with modification (removing an erroneous recitation of a prior like offense).
Issues
| Issue | Plaintiff's Argument (Harlan) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of identity evidence | Evidence insufficient: wallet in trunk, height comparisons, and DNA do not prove Harlan was the gunman beyond reasonable doubt | Circumstantial evidence (video, personal effects in trunk, DNA inclusion on hat/gun, inferences about relationships) permits a rational jury to find identity | Affirmed: viewing all evidence in the light most favorable to the verdict, a rational trier of fact could find Harlan guilty beyond a reasonable doubt |
| Admission of detective Loeb’s testimony that suspects likely placed wallets in trunk | Testimony was speculative and improperly vouched/inferential | Testimony was investigative opinion based on facts and officer experience and admissible; similar evidence was received without objection | Not reversible error; trial court did not abuse discretion in admitting the testimony |
| Trial court judgment misreciting prior‑offense language | Judgment erroneously labeled conviction as a second offense | State agreed the judgment required correction | Court modified the judgment to remove the incorrect recitation and affirmed as modified |
| Enhancement finding on record | Record does not clearly show jury found enhancement "true"; Harlan argued this affects punishment range | Trial record included plea of true, prior judgment introduced; presumption of regularity supports the judgment | Court presumed required finding and declined to modify; refusal to disturb enhancement finding affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of the evidence)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (circumstantial evidence and reasonable inferences are as probative as direct evidence)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (appellate standard of review for sufficiency claims following Jackson)
- Miller v. State, 667 S.W.2d 773 (Tex. Crim. App. 1984) (State must prove the defendant is the person who committed the offense)
