Montrance Tyrone Roberson v. State
05-16-00298-CR
| Tex. App. | Apr 26, 2017Background
- Montrance Tyrone Roberson was convicted by a jury of aggravated robbery and sentenced to 80 years' imprisonment.
- Incident: early morning Feb. 3, 2015, at a Stop n’ Shop; victim Gabe Tedros was chased, beaten, stabbed, threatened, and robbed; surveillance video captured the attack.
- Police arrested Roberson nearby with blood on his clothing; officers found a box cutter, bloody cigarette pack, two cell phones (one belonging to Tedros), and loose cash; urine screen positive for multiple drugs.
- Roberson testified he blacked out after being struck and denied memory of the attack; he equivocated on having used drugs and on possession of a knife when confronted with video evidence.
- Procedural: On appeal Roberson raised (1) trial court’s failure to sua sponte instruct the jury at punishment on temporary insanity due to intoxication and (2) request to correct the trial-court judgment to reflect defense counsel’s correct name.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by failing to give sua sponte jury instruction at punishment on temporary insanity due to intoxication | Roberson: omission denied jury ability to consider intoxication as mitigating punishment | State: no duty to give unrequested defensive instructions; issue was not requested | Court: Overruled — judge has no duty to instruct sua sponte on unrequested defensive issues (procedural default) |
| Whether judgment should be modified to reflect correct defense counsel name | Roberson: judgment misnames his attorney; record shows different counsel | State: (implicit) no dispute about record; court may correct clerical error | Court: Sustained — judgment modified to list George Conkey as defense counsel; judgment affirmed as modified |
Key Cases Cited
- Vega v. State, 394 S.W.3d 514 (Tex. Crim. App. 2013) (trial judge must accurately charge jury but has no duty to instruct sua sponte on unrequested defensive issues)
- Williams v. State, 273 S.W.3d 200 (Tex. Crim. App. 2008) (temporary insanity caused by intoxication is a defensive/punishment mitigation issue)
- Posey v. State, 966 S.W.2d 57 (Tex. Crim. App. 1998) (court reiterating limits on sua sponte duty to instruct on unrequested defenses)
- Asberry v. State, 813 S.W.2d 526 (Tex. App.—Dallas 1991) (appellate courts may correct trial-court judgments to make the record speak the truth)