Israel Zapata v. State
2014 Tex. App. LEXIS 11126
| Tex. App. | 2014Background
- Zapata was convicted of aggravated robbery for a June 2012 incident involving Cerros and Rodriguez in a van with Torres and Garza.
- Cerros testified he was assaulted in the van: head struck with a bottle, choke, and a knife-point threat, with Rodriguez driving and witnesses observing the events.
- Cerros and Rodriguez identified Zapata as the attacker at trial; Zapata claimed he had no involvement in the robbery and that Garza, not he, harmed Cerros.
- The State charged aggravated robbery, alleging bodily injury, use of a deadly weapon, in the course of theft, and intent to obtain property.
- Zapata was sentenced to 30 years’ imprisonment and a $5,000 fine; the trial court later modified the judgment to remove attorney’s fees as costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a lesser-included offense instruction was required | Zapata argues evidence could support aggravated assault separate from robbery. | State contends no rational jury could convict only of aggravated assault given the party/enterprise context. | No; the court held no valid lesser-included instruction warranted. |
| Whether a spoliation instruction was required for destroyed COBAN videos | Zapata contends destruction of COBAN recordings violated due process and necessitated a curative instruction. | State argues no due process violation since material exculpatory value was not shown and no bad faith proven. | No due process violation; spoliation instruction not required. |
| Whether attorney’s fees could be costs against Zapata | Zapata asserts indigence precludes fee assessment as costs. | State asserts fees may be assessed unless indigence is shown. | Judgment amended to delete attorney’s fees; costs remain. |
Key Cases Cited
- Cavazos v. State, 382 S.W.3d 377 (Tex. Crim. App. 2012) (test for lesser-included offenses and necessary evidence)
- Jones v. State, 984 S.W.2d 254 (Tex. Crim. App. 1998) (jury may convict of lesser offense even if other elements contested)
- Sorto v. State, 173 S.W.3d 469 (Tex. Crim. App. 2005) (two-part Rousseau test for lesser-included offenses)
- Rousseau v. State, 855 S.W.2d 666 (Tex. Crim. App. 1993) (two-prong test for lesser-included offenses)
- Schweinle v. State, 915 S.W.2d 17 (Tex. Crim. App. 1996) (evidence must directly support a lesser offense to warrant instruction)
- Yzaguirre v. State, 394 S.W.3d 526 (Tex. Crim. App. 2013) (law of parties considerations in liability)
- Cordova v. State, 698 S.W.2d 107 (Tex. Crim. App. 1985) (law of parties; when liable as a party)
- Illinois v. Fisher, 540 U.S. 544 (U.S. 2004) (due process duty to preserve potentially exculpatory evidence in some contexts)
- United States v. Agurs, 427 U.S. 97 (U.S. 1976) (constitutional materiality standards for evidence)
- Trombetta v. California, 467 U.S. 408 (U.S. 1984) (materiality and preservation of evidence standards)