Background

• D.R.T., a juvenile, was adjudicated delinquent for murder and committed to the Texas Youth Commission for thirty years.
• On appeal, D.R.T. challenges the sufficiency of the evidence identifying him as the shooter.
• Soto testified that the shooter was three to four feet away, head out the window, yelling 'BG-9'; Soto observed the incident at a red light and later identified D.R.T. in a photospread.
• Soto testified he was one hundred percent sure that D.R.T. was the shooter, based on proximity and the shooter’s statements.
• Other witnesses—Elier Agundis, Nataly Puente, and Veridiana Castaneda—identified D.R.T. as 'BG-9'; a gang expert connected the suspect to BG-9 from book-in photos.
• Agundis testified that D.R.T. arrived with a nine-millimeter pistol, bragged later about shooting, and that the credible testimony included corroborating statements and timing.

Issues

Key Cases Cited

• Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (establishes standard for reviewing sufficiency of evidence)
• Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (Jackson standard applies; authority on sufficiency review)
• Aguilar v. State, 468 S.W.2d 75 (Tex. Crim. App. 1971) (eyewitness identification sufficient when reliable)
• Harmon v. State, 167 S.W.3d 610 (Tex. App.—Houston [14th Dist.] 2005) (credibility of eyewitnesses within jury’s province)
• Delk v. State, 855 S.W.2d 700 (Tex. Crim. App. 1993) (factors for evaluating misidentification reliability)
• Shavers v. State, 881 S.W.2d 67 (Tex. App.—Dallas 1994) (circumstantial corroboration supports identity finding)
• Lee v. State, 239 S.W.3d 873 (Tex. App.—Waco 2007) (circumstantial and eyewitness evidence can identify shooter)
• Geesa v. State, 820 S.W.2d 154 (Tex. Crim. App. 1991) (standard of review for admissible evidence)
• Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (defers to jury credibility determinations)
• Curry v. State, 30 S.W.3d 394 (Tex. Crim. App. 2000) (deliberations on credibility and weight of testimony)