Jessy Rodriguez v. State, 521 S.W.3d 822

On Dec. 30, 2014 Marissa Alvarez was robbed at gunpoint in her apartment complex by two men; she did not identify appellant (Jessy Rodriguez) as one of the assailants and did not see them get into a car.
Within minutes a separate 9-1-1 caller reported an attempted robbery at a nearby Shipley Do-Nuts by three men in a white Impala; dispatch provided the vehicle description and plate.
Police located the Impala, engaged in a short pursuit, and the three occupants abandoned the running vehicle near McCoy’s; officers arrested Kyle Mutters, John Garcia, and appellant (found hiding in a dumpster).
Items recovered from the Impala included appellant’s wallet in the driver’s seat, Alvarez’s purse on the front passenger floorboard, Alvarez’s driver’s license on the driver’s floorboard, and four .40 caliber bullets; no gun was recovered.
Gunshot residue testing showed Mutters and appellant had positive/inconclusive results; the State’s theory was that appellant acted as the getaway driver and thus was criminally responsible under the law of parties.
A jury convicted appellant of aggravated robbery (first-degree) and sentenced him to 38 years and a $5,000 fine; appellant appealed arguing insufficient evidence as either the primary actor or as a party.

Issue	State's Argument	Rodriguez's Argument	Held
Sufficiency of evidence that Rodriguez committed aggravated robbery (primary actor or party)	Circumstantial evidence showed Rodriguez was the getaway driver who aided the robbery (vehicle/plate matched, his wallet in driver’s seat, victim’s purse in car, flight/abandonment, GSR positives)	No direct ID; victim never saw a third person or a car; no gun recovered; evidence insufficient to prove he was the robber or knowingly aided the robbers	The court: No evidence he was a primary actor; but the circumstantial evidence was sufficient to convict him as a party (getaway driver); conviction affirmed

Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
Gross v. State, 380 S.W.3d 181 (use events before/during/after to assess party status; circumstantial evidence may show common design)
Hooper v. State, 214 S.W.3d 9 (cumulative circumstantial evidence can support guilt; getaway-driver convictions upheld)
Barnes v. State, 62 S.W.3d 288 (party liability requires specific intent to promote or assist and knowledge of assisting)
Thompson v. State, 697 S.W.2d 413 (conviction sustained where defendant drove getaway vehicle)
Clayton v. State, 235 S.W.3d 772 (resolve conflicting inferences in favor of verdict)