Silvestre Cortez Romero v. State
406 S.W.3d 695
Tex. App.2013Background
- Romero was convicted of murder and sentenced to 20 years in TDCJ.
- Appellant challenges (a) sufficiency of evidence identifying him as the shooter and (b) a specific court-cost amount.
- Complainant Nivar Romero was killed January 17, 1990; Maldonado identified Romero as the shooter, Aguirre corroborated, but both witnesses testified after long intervals.
- Romero was living in California under a different name when apprehended in 2011; Maldonado and Aguirre testified at trial.
- The trial court initially taxed $243.50 in costs; a nunc pro tunc entry later set costs at $1,761.75 based on later records; this Court modifies the judgment to strike a specific dollar amount of costs.
- The court affirms the judgment as modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of identity evidence | Romero | Romero | Identity evidence sufficient |
| Court costs—sufficiency of amount | State | Romero | Delete specific cost amount; sustain issue |
Key Cases Cited
- Aguilar v. State, 468 S.W.2d 75 (Tex. Crim. App. 1971) (single eyewitness can support conviction; credibility for jury)
- Perry v. New Hampshire, 132 S. Ct. 716 (U.S. 2012) (reliability of eyewitness testimony; no fixed factors required by Perry)
- Davis v. State, 177 S.W.3d 355 (Tex. App.—Houston [1st Dist.] 2005) (jury resolves credibility; inconsistencies do not void sufficiency)
- Johnson v. State, 389 S.W.3d 513 (Tex. App.—Houston [14th Dist.] 2012) (no bill of costs supported; nunc pro tunc cannot correct lack of evidence)
- Ex parte Dickerson, 702 S.W.2d 657 (Tex. Crim. App. 1986) (nunc pro tunc cannot create new independent orders)