History
  • No items yet
midpage
Lyndon Anderson v. State
06-14-00168-CR
| Tex. App. | Feb 18, 2015
Read the full case

Background

  • Appellant Lyndon Anderson convicted of aggravated robbery; jury sentenced to 60 years and $5,000 fine.
  • Appeal challenges admission of still photographs from surveillance video.
  • Appeal challenges Officer Bradshaw’s testimony about familiarity with Anderson as improper extraneous-offense evidence.
  • Evidence included surveillance video and witnesses identifying Anderson; victim identified another suspect in lineup but jury verdict stood.
  • Appellate court reviews for non-constitutional evidentiary errors and sufficiency of the evidence under Jackson v. Virginia.
  • State seeks affirmance of conviction and rejection of preservation issues and requests no oral argument.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Photographs authentication admissibility Anderson contends photos were not authenticated. State had sufficient authentication; admissible. Overruled; photos authenticated and properly admitted.
Officer Bradshaw's testimony about familiarity with Anderson Testimony introduced extraneous offenses; prejudicial. Testimony limited to familiarity for identification; not extraneous acts. Overruled; testimony admissible and non-prejudicial.
Sufficiency of the evidence to prove aggravated robbery Video and identifications insufficient due to lineup disparity. Evidence viewed in light most favorable supports conviction. Overruled; rational jury could find guilt beyond reasonable doubt.

Key Cases Cited

  • Jackson v. Virginia, 443 S.W.3d 307 (U.S. 1979) (standard for reviewing sufficiency of evidence)
  • Hill v. State, 392 S.W.3d 850 (Tex. App.—Amarillo 2013) (evidentiary and identification considerations)
  • Gallo v. State, 239 S.W.3d 757 (Tex. Crim. App. 2007) (photograph admissibility and authentication guidance)
  • Ibarra v. State, 11 S.W.3d 189 (Tex. Crim. App. 1999) (authentication and foundation for evidence)
  • Brasfield v. State, 30 S.W.3d 502 (Tex. App.—Texarkana 2000) (evidentiary rulings and abuse of discretion)
Read the full case

Case Details

Case Name: Lyndon Anderson v. State
Court Name: Court of Appeals of Texas
Date Published: Feb 18, 2015
Docket Number: 06-14-00168-CR
Court Abbreviation: Tex. App.