Lyndon Anderson v. State
06-14-00168-CR
| Tex. App. | Feb 18, 2015Background
- 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)
