In Re Drt
339 S.W.3d 208
Tex. App.2011Background
- Appellant D.R.T. was adjudicated delinquent for murder and committed to the Texas Youth Commission for 30 years.
- On appeal, he contends the evidence was insufficient to identify him as the shooter.
- During the incident, after leaving the movies, a car with five males including Appellant pulled alongside the victims’ car; Appellant screamed 'BG-9' and began shooting.
- Z.L. was shot in the head and died; Soto fled the scene.
- Soto identified Appellant as the shooter at trial, and other witnesses also linked him to 'BG-9.'
- Agundis testified that Appellant arrived with a 9mm pistol and bragged about shooting, later confirming the boast to others.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Identity sufficiency to prove shooter | Soto identified Appellant as shooter | Credibility of witnesses questioned; defense attacks identifications | Sufficient evidence identifies Appellant as shooter |
Key Cases Cited
- In re H.G.G.D., 310 S.W.3d 43 (Tex.App.-El Paso 2010) (applied Jackson standard in juvenile delinquency appeal)
- In the Matter of M.D.T., 153 S.W.3d 285 (Tex.App.-El Paso 2004) (uses Jackson standard for sufficiency review in juvenile cases)
- Brooks v. State, 323 S.W.3d 893 (Tex.Crim.App. 2010) (Jackson standard governs identity and sufficiency)
- Aguilar v. State, 468 S.W.2d 75 (Tex.Crim.App.1971) (eyewitness identification can be sufficient to prove identity)
- Harmon v. State, 167 S.W.3d 610 (Tex.App.-Houston 2005) (cases upholding reliability of eyewitness identification)
- Lee v. State, 239 S.W.3d 873 (Tex.App.-Waco 2007) (testimony identifying shooter by nickname supported identity)
- Delk v. State, 855 S.W.2d 700 (Tex.Crim.App.1993) (factors for reliability of identification)
- Shavers v. State, 881 S.W.2d 67 (Tex.App.-Dallas 1994) (circumstantial evidence can establish identity)