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