Ronald Glen Boston v. State
2012 Tex. App. LEXIS 5240
| Tex. App. | 2012Background
- Ronald Glen Boston and his brother Hemphill committed a string of robberies beginning with a morning Super Stop robbery in San Marcos, where Hemphill produced a gun and grabbed cash while Boston acted nearby; the clerk did not see the gun during the San Marcos incident.
- Appellant and Hemphill robbed two Austin convenience stores and cased another within about two hours, prompting Austin and San Marcos authorities to identify them as suspects.
- Police later found a gun similar to the one depicted in surveillance in a trunk belonging to Boston’s mother, inside a gym bag with ammunition and clothing labeled as a robbery kit.
- Boston’s defense contends he was merely present at the Super Stop and not a participant; the State argued he aided in scouting and providing cover during the robbery.
- A jury convicted Boston of aggravated robbery, found true two prior sequential felony enhancements, and sentenced him to 55 years; the judgment ran consecutive to a 10-year Travis County sentence from a related Austin robbery plea bargain.
- The trial court and appellate record treat Boston as a party to the aggravated robbery under the law of parties, with the central issue focusing on whether the evidence shows the use or exhibition of a deadly weapon and whether the clerk was placed in fear.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for aggravated robbery | Boston argues no deadly weapon was used/exhibited or that the clerk was not placed in fear | State contends the gun was exhibited and the threat was conveyed through conduct | Evidence supports the aggravating element and robbery threat; conviction affirmed. |
| Failure to give a lesser-included-offense instruction on theft | The jury should have been instructed on theft if aggravated robbery/robbery lacked support | No preservation; no objection or request made | Forfeited; trial court did not err in omitting theft instruction. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (due-process standard for sufficiency of evidence)
- Byrd v. State, 336 S.W.3d 242 (Tex. Crim. App. 2011) (standard for reviewing sufficiency of evidence)
- Villarreal v. State, 286 S.W.3d 321 (Tex. Crim. App. 2009) (hypothetically correct jury charge standard for sufficiency)
- Beier v. State, 687 S.W.2d 2 (Tex. Crim. App. 1985) (law-of-parties liability requires act to promote or assist offense)
- McCain v. State, 22 S.W.3d 497 (Tex. Crim. App. 2000) (deadly weapon exhibited can be part of offense despite lack of direct threat perception)