Joel Rubio v. State
11-15-00283-CR
Tex. App.Dec 7, 2017Background
- On December 8, 2014, Joel Rubio and George Blanco were observed at a Wal‑Mart concealing jewelry; Rubio wore a large coat and used a pocketknife to open packages.
- Asset‑protection employees Herrera and Thach stopped Rubio after he passed the last point of sale and escorted him toward the asset‑protection office.
- While walking with his back to the employees, Rubio pulled out a pocketknife, switched it between hands, flipped it open (blade locked), and said, “don’t come near me,” causing the employees to feel threatened; Rubio then left the store.
- Police later located the group; the knife was recovered from Ramon Blanco, who said Rubio had discarded it.
- Rubio was indicted for aggravated robbery alleging he used/exhibited a deadly weapon (knife) while committing theft; a jury convicted him and assessed 99 years’ confinement and a $10,000 fine.
- On appeal, Rubio argued the evidence was insufficient to show the pocketknife was a deadly weapon in the manner he used it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pocketknife was a "deadly weapon" under Penal Code §1.07(a)(17) when used by Rubio | State: the knife, its physical characteristics, officers’ testimony, and the victim’s demonstration show the knife was capable of causing death or serious bodily injury and Rubio’s words/actions evidenced threatening use | Rubio: the knife’s small blade and officer testimony alone were insufficient to prove it was capable of causing death or serious bodily injury in the manner used | Court: Sufficient evidence for a rational juror to find the knife was a deadly weapon when used as Rubio did; issue overruled |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for reviewing sufficiency of evidence)
- Johnson v. State, 509 S.W.3d 320 (defines factors for determining deadly‑weapon status by manner of use)
- Blain v. State, 647 S.W.2d 293 (knife is not a deadly weapon per se)
- Robertson v. State, 163 S.W.3d 730 (introducing the weapon itself is proper method to show physical characteristics)