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Mikel, Shane Allen
PD-0517-15
Tex. App.
May 4, 2015
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Background

  • 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)
Read the full case

Case Details

Case Name: Mikel, Shane Allen
Court Name: Court of Appeals of Texas
Date Published: May 4, 2015
Docket Number: PD-0517-15
Court Abbreviation: Tex. App.