Heath, Ronnie
PD-1206-15
| Tex. | Sep 17, 2015Background
- Ronnie Heath was convicted by a jury of theft of aluminum (state jail felony) with two prior state-jail-felony enhancements; punishment assessed at five years.
- Incident: Action Metals night watchman Juan Guerra observed a man throwing bags of metal over a fence, placing them in a shopping cart, and leaving; Guerra called 9-1-1.
- Officer Troy Klinglesmith arrived quickly, stopped a black male (Heath) pushing a shopping cart containing bags of metal, and escorted him to Action Metals where Guerra identified him as the person seen taking the property.
- Officer Klinglesmith tested the metal with a magnet (non-magnetic, consistent with aluminum); company manager later weighed the recovered metal (over 100 lbs).
- On appeal Heath argued the evidence was insufficient to establish identity because Guerra could not identify him in court, there were timing/description inconsistencies, and Guerra’s out-of-court identification reliance on Klinglesmith was imperfect.
- The Fifth Court of Appeals affirmed the conviction but modified the judgment to correct the listed offense degree.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence (identity) | Heath: eyewitness (Guerra) could not identify him in court; witness/officer descriptions and timeline conflicted, undermining ID | State: Guerra identified Heath to Officer Klinglesmith at the scene; Klinglesmith identified Heath at trial; circumstantial inferences and corroborating facts (cart, bags, magnet test, weight) support ID | Court: Evidence sufficient for a rational juror to find identity beyond a reasonable doubt; defer to jury credibility determinations |
| Correctness of judgment entry (degree listed) | Heath: (raised on appeal / court observed) judgment listed incorrect degree | State: (no successful contest) court has authority to correct clerical/degree errors | Court: Modified the judgment to reflect the correct offense degree and affirmed as modified |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for appellate review of sufficiency of the evidence)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (appellate deference to jury credibility/weight determinations)
- Merritt v. State, 368 S.W.3d 516 (Tex. Crim. App. 2012) (application of Jackson sufficiency standard)
- McDaniel v. Brown, 558 U.S. 120 (2010) (all evidence considered on sufficiency review)
- Miller v. State, 667 S.W.2d 773 (Tex. Crim. App. 1984) (State must prove defendant committed charged offense)
- Gardner v. State, 306 S.W.3d 274 (Tex. Crim. App. 2009) (identity may be proven by direct or circumstantial evidence)