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Robert Alex v. State
05-15-00539-CR
Tex. App.—Waco
Aug 17, 2016
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Background

  • Handy murdered by two masked gunmen; surveillance video showed gunmen approaching from behind a shed with faces covered; no physical evidence tied Alex to the murder; Forward identified Alex as the blue-short wearing gunman; Gamble corroborated the jacket/color and noted Alex's nervous behavior; ballistics showed different guns fired; a recorded phone call between Alex and his brother suggested tampering with Forward.
  • Forward’s identity and role connected Alex to the crime via testimony and corroboration, though some key testimony was hearsay and challenged on preservation grounds.
  • Witnesses placed Alex near the crime scene with a handgun and wearing blue shorts; a witness saw him behind a shed preparing to shoot; the State argued motive based on alleged theft by Handy from Pickett’s kin.
  • A non-testifying accomplice (Forward) provided central identification; defendant argued lack of corroboration under Article 38.14, which the court rejected.
  • The court affirmed the trial judgment, concluding sufficient proof of guilt beyond reasonable doubt, including motive, opportunity, and destruction of evidence.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Admission of Forward’s statements Alex preserved nothing; hearsay objections waived Statements should be excluded as hearsay and Confrontation-Clause violation Not preserved; admission affirmed
Admission of security guard statements Hearsay; improperly admitted State sought limited purpose; objection untimely Not preserved; admission affirmed
Gamble’s prior statements impeachment State failed to lay proper predicate Proper predicate established; trial court acted correctly Error not preserved; impeachment permissible as foundation shown
Accomplice testimony corroboration Forward was accomplice; need corroboration Forward did not testify; no corroboration required No corroboration required; issue rejected
Sufficiency of evidence Without admissible hearsay, no link to murder Other circumstantial evidence suffices Sufficient evidence supports conviction beyond a reasonable doubt

Key Cases Cited

  • Mays v. State, 285 S.W.3d 884 (Tex. Crim. App. 2009) (error preservation in evidence rulings)
  • Valle v. State, 109 S.W.3d 500 (Tex. Crim. App. 2003) (timeliness of objections to preserve error)
  • Fuller v. State, 253 S.W.3d 220 (Tex. Crim. App. 2008) (necessity of proper preservation; running objection)
  • Ruth v. State, 167 S.W.3d 560 (Tex. App.—Houston [14th Dist.] 2005) (foundation for admitting prior statements via witness’s lack of recall)
  • Paredes v. State, 129 S.W.3d 530 (Tex. Crim. App. 2004) (accomplice-witness rule requires corroboration when accomplice testifies)
  • Zamora v. State, 411 S.W.3d 504 (Tex. Crim. App. 2013) (article 38.14 corroboration standard when accomplice testifies)
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Case Details

Case Name: Robert Alex v. State
Court Name: Texas Court of Appeals, Waco
Date Published: Aug 17, 2016
Docket Number: 05-15-00539-CR
Court Abbreviation: Tex. App.—Waco