Jefferson v. State
346 S.W.3d 254
| Tex. App. | 2011Background
- In Oct. 2007, Theresa Walker’s Fort Bend County home was attacked by multiple shooters in a gang feud involving 100 Click and Mash Mode.
- Bullets pierced the house; approximately 32 shell casings from at least three firearms were recovered; casings suggested shooters were walking while firing.
- Garfield Norris testified that appellant and three others shot at Theresa’s house; J.H. testified appellant was present though not observed firing.
- Appellant was charged with two counts of aggravated assault for threatening Theresa and L.B. with imminent bodily injury using a firearm.
- Jones and St. Hillaire testified for the State; St. Hillaire gave a prior inconsistent statement implicating appellant, which he attributed to pressure from police.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault | Jefferson argues no proof of intent to threaten with imminent bodily injury. | Jefferson contends lack of evidence of firearms or threats to Theresa or L.B. | Evidence supports guilt beyond a reasonable doubt. |
| Corroboration of accomplice testimony | St. Hillaire/Jones testimony lacks independent corroboration tying Jefferson to the offense. | Corroboration insufficient to connect appellant to the crime. | Rational fact-finder could find corroboration beyond accomplice testimony. |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (plurality op.) (standard for reviewing sufficiency of evidence)
- Dewberry v. State, 4 S.W.3d 735 (Tex.Crim.App.1999) (avoid thirteenth-juror review; defer to jury)
- Sharp v. State, 707 S.W.2d 611 (Tex.Crim.App.1986) (jury may believe or doubt testimony)
- Malik v. State, 953 S.W.2d 234 (Tex.Crim.App.1997) (elements defined by hypothetically correct jury charge)
- Hooper v. State, 214 S.W.3d 9 (Tex.Crim.App.2007) (circumstantial evidence can establish guilt)
- Dobbins v. State, 228 S.W.3d 761 (Tex.App.-Houston [14th Dist.] 2007) (threat may be communicated by actions, not only words)
- McGowan v. State, 664 S.W.2d 355 (Tex.Crim.App.1984) (threat communicated by conduct acceptable)
- Malone v. State, 253 S.W.3d 253 (Tex.Crim.App.2008) (test for corroboration of accomplice testimony)
- Simmons v. State, 282 S.W.3d 504 (Tex.Crim.App.2009) (non-accomplice evidence must tend to connect defendant)
- Dowthitt v. State, 931 S.W.2d 244 (Tex.Crim.App.1996) (contextual evaluation of corroboration in accomplice cases)