Mikel, Shane Allen
PD-0517-15
Tex. App.May 4, 2015Background
- Appellant Shane Mikel was convicted by a jury of aggravated robbery and sentenced to 20 years’ confinement.
- Store owner testified three masked men with guns robbed the store, took $60,000, and fired at the door as they fled.
- Zavala testified that masked men took his truck; Robles pursued the truck and identified appellant.
- Evidence linked appellant to the crime through Robles’ identification and subsequent witnesses describing clothing.
- Appellant claimed misidentification and argued lack of corroborating physical evidence tying him to the robbery.
- Appellate court affirmed the conviction; petition for discretionary review challenges the sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of the evidence to support conviction | Mikel | Mikel | Evidence sufficient; conviction affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1989) (standard for reviewing sufficiency of evidence)
- Salinas v. State, 163 S.W.3d 734 (Tex.Crim.App. 2005) (reaffirmed rational-trier-of-fact standard)
- Wesbrook v. State, 29 S.W.3d 103 (Tex.Crim.App. 2000) (deference to jury credibility and weight of evidence)
- Jones v. State, 984 S.W.2d 254 (Tex.Crim.App. 1998) (jury may believe all or part of testimony)
- Sharp v. State, 707 S.W.2d 611 (Tex.Crim.App. 1986) (conflicts in evidence resolved in favor of verdict)
- Losada v. State, 721 S.W.2d 305 (Tex.Crim.App. 1986) (appellate court not to reevaluate weight/credibility)
- Curry v. State, 30 S.W.3d 394 (Tex.Crim.App. 2000) (reconciliation of conflicts permissible)
- Muniz v. State, 851 S.W.2d 238 (Tex.Crim.App. 1993) (appellate review limited to sufficiency of evidence)
- King v. State, 29 S.W.3d 556 (Tex.Crim.App. 2000) (juror credibility and evidence weight within jury’s discretion)
