Kayla Jean Lardieri v. State
03-15-00247-CR
Tex. App.Jan 13, 2017Background
- On a December night 2013, 17‑year‑old Kayla Lardieri and two other women attacked a victim in a trailer: the victim was stabbed, tased repeatedly, beaten, handcuffed, gagged, blindfolded, shackled, hogtied, wrapped in a sheet, and left in a locked shed naked on a freezing night.
- The attackers gathered the victim’s possessions; Lardieri and her boyfriend accompanied items (and clothing) to a location where items were burned; some co‑defendants recorded the attack and one deleted the recording.
- The victim escaped, was found the next morning bleeding and cuffed, identified her assailants, and received extended medical treatment for multiple stab wounds and other injuries.
- Lardieri was indicted and convicted by a jury of attempted capital murder, aggravated robbery, aggravated kidnapping, and tampering with physical evidence; acquitted of aggravated sexual assault. Sentences: thirty years for the three felonies (concurrent) and ten years for tampering (concurrent).
- On appeal Lardieri challenged the factual sufficiency of the evidence for attempted capital murder, aggravated robbery, and tampering; the court applied the Jackson v. Virginia legal‑sufficiency standard (per Brooks) and affirmed.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for attempted capital murder (intent element) | No evidence any defendant intended to kill; only intended to “scare” the victim | Circumstantial evidence (violence, extent of wounds, leaving victim tied in cold shed, statements and conduct) supports an inference of intent to kill | Evidence legally sufficient under Jackson to support attempted capital murder conviction as principal; issue overruled |
| Sufficiency of evidence for aggravated robbery (theft element/party liability) | Lardieri did not intend to steal and did not personally take the victim’s property | Co‑defendants gathered property, Lardieri participated in gathering and accompanying items to be disposed of; theft could be inferred and was foreseeable as part of the conspiracy/party liability | Evidence legally sufficient to convict Lardieri as a party to aggravated robbery; issue overruled |
| Sufficiency of evidence for tampering with physical evidence (alter/destroy with knowledge an offense occurred) | Boyfriend testified he alone burned items; no direct evidence Lardieri destroyed evidence | Testimony and recorded statement indicate Lardieri participated in burning clothes and accompanied boyfriend to burn site; jury could infer she aided and intended to impair evidence | Evidence legally sufficient to convict Lardieri as a party to tampering; issue overruled |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (legal‑sufficiency standard: whether any rational trier of fact could find guilt beyond a reasonable doubt)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (Jackson is the sole standard for sufficiency review in Texas criminal appeals)
- Guevara v. State, 152 S.W.3d 45 (Tex. Crim. App. 2004) (motive and circumstantial evidence can indicate guilt)
- Patrick v. State, 906 S.W.2d 481 (Tex. Crim. App. 1995) (intent may be inferred from extent of injuries)
- Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (jury as fact‑finder entitled to weigh credibility and resolve conflicts)
- Anderson v. State, 416 S.W.3d 884 (Tex. Crim. App. 2013) (verdict upheld if sufficient on any theory authorized by the charge)
- Ladd v. State, 3 S.W.3d 547 (Tex. Crim. App. 1999) (same principle for multi‑theory jury charges)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (circumstantial evidence can be as probative as direct evidence)
