Johnny Flores v. State
13-14-00338-CR
| Tex. App. | Dec 29, 2015Background
- Flores was charged with murder, a first-degree felony, for the death of his girlfriend Mechell Ramos under an act clearly dangerous to life with intent to cause serious bodily injury.
- An audio 911 call was admitted where Flores stated, I just killed my girlfriend, and that he suffocated her and used a knife to attempt suicide, with drinking as context.
- A police interview video where Flores claimed he lost control, snapped after learning of an STD, hit and choked Mechell, and contemplated but did not commit suicide with a knife.
- Autopsy by Dr. Fernandez showed extensive injuries to Mechell and a mechanism of mechanical asphyxia with a contributing stab wound, with petechial hemorrhages suggestive of asphyxia under certain pressure conditions.
- Forensic testimony noted on-off pressure could be consistent with a struggle; a psychiatrist testified about how schizoaffective disorder and off-medication status can affect judgment and impulse control.
- The jury ultimately convicted Flores of murder; Flores requested a jury instruction on manslaughter, which the trial court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Flores was entitled to a manslaughter instruction | Flores | Flores | No, instruction denied |
Key Cases Cited
- Rice v. State, 333 S.W.3d 140 (Tex. Crim. App. 2011) (two-prong test for lesser-included offenses)
- Hall v. State, 225 S.W.3d 524 (Tex. Crim. App. 2007) (evidence threshold for lesser-included offenses)
- Cavazos v. State, 382 S.W.3d 377 (Tex. Crim. App. 2012) (affirmative evidence required to find lesser offense and rebut greater offense)
- Wortham v. State, 412 S.W.3d 552 (Tex. Crim. App. 2013) (standard for evaluating lesser-included offense requests)
- Saunders v. State, 840 S.W.2d 390 (Tex. Crim. App. 1992) (presence of alternative interpretive evidence for lesser offense)
- Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1985) (harm analysis for improper jury instructions)
