Palomo v. State
2011 Tex. App. LEXIS 6571
| Tex. App. | 2011Background
- Palomo was convicted of murder in a jury trial and sentenced to life imprisonment and a $10,000 fine.
- The crime occurred around August 16, 2008, in an apartment at White House Apartments where Perez was a guest and others resided.
- Rodriguez overheard Palomo threaten Perez earlier that day; later that day Perez attempted to enter Palomo's room, and gunfire occurred nearby.
- Police recovered three ammo boxes in Palomo's bedroom; Rodriguez testified about Palomo’s and Torres’s behavior and a conflict with Salvadorian neighbors.
- Torres was present and later returned bloodied; Palomo fled the scene, barricaded himself during a police standoff, and was found hiding in an apartment wall area.
- A revolver found in Merengue’s apartment, with ballistics tying it to bullets from the murder scene, was linked to Palomo by witnesses and police.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for murder | Palomo argues the evidence is insufficient. | State contends the evidence supports guilt beyond reasonable doubt. | Evidence sufficient; rational jury could find guilt beyond a reasonable doubt. |
| Admissibility of extraneous-offense evidence during punishment | State admitted extraneous offense without proper threshold inquiry. | Court failed to conduct threshold admissibility inquiry. | Error preservation waived; threshold inquiry conducted properly; no abuse of discretion. |
| Sufficiency of evidence for extraneous offense during punishment | State proved extraneous murder beyond a reasonable doubt. | No sufficiency review for extraneous offenses at punishment; challenge to admission only. | No abuse of discretion; evidence could support a rational finding beyond a reasonable doubt. |
Key Cases Cited
- Guevara v. State, 152 S.W.3d 45 (Tex.Crim.App. 2004) (evidence of concealment supports guilt)
- Ross v. State, 133 S.W.3d 618 (Tex.Crim.App. 2004) (threats to kill shortly before the murder relevant)
- Silva v. State, 995 S.W.2d 872 (Tex.App.-Waco 1999) (prior threats admissible to show context of crime)
- Arias v. State, No. 04-09-00571-CR, 2010 WL 5541118 (Tex.App.-San Antonio 2010) (mem. op. not designated for publication (threshold relevance discussed))
- Madden v. State, 799 S.W.2d 683 (Tex.Crim.App. 1990) (possession of weapon near crime as guilt factor)
- Clayton v. State, 235 S.W.3d 772 (Tex.Crim.App. 2007) (flight as a circumstance of guilt)
- Hardesty v. State, 656 S.W.2d 73 (Tex.Crim.App. 1983) (flight as a circumstance of guilt)
- Malpica v. State, 108 S.W.3d 374 (Tex.App.-Tyler 2003) (threshold ruling on admissibility for extraneous offense evidence)
- Thompson v. State, 4 S.W.3d 884 (Tex.App.-Houston [1st Dist.] 1999) (extraneous offenses at punishment reviewed for admissibility, not sufficiency)
- Wilson v. State, 15 S.W.3d 544 (Tex.App.-Dallas 1999) (no sufficiency review for extraneous offenses at punishment)