Torres v. State
343 S.W.3d 297
| Tex. App. | 2011Background
- Torres was convicted by jury of murder after pleading not guilty and sentenced to life confinement; the State sought to uphold the conviction.
- Torres challenged the trial court’s refusal to instruct on the lesser included offense of criminally negligent homicide.
- The court analyzed sufficiency claims under Jackson v. Virginia rather than the now-overruled Clewis factual-sufficiency standard per Brooks v. State.
- Evidence showed the victim, Luz Marie Gomez, died of a handgun wound; multiple witnesses described interactions between Torres and the victim the night before the shooting.
- Forensic evidence included DNA on clothing and items, as well as ballistic testimony linking the Walther pistol to the shell casing and the bullet found in the victim.
- Torres testified to accidental or unintentional discharge during a struggle over the gun; the jury resolved credibility against his account.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove murder | Torres | Torres | Evidence sufficient under Jackson v. Virginia |
| Trial court’s refusal to charge criminally negligent homicide | Torres | State | No error; charge not warranted; murder supported by evidence |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (establishes legal-sufficiency standard for evidence to support elements beyond a reasonable doubt)
- Clewis v. State, 922 S.W.2d 126 (Tex. Crim. App. 1996) (factual-sufficiency standard (overruled by Brooks))
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (overruled Clewis; applies Jackson standard for sufficiency)
- Rousseau v. State, 855 S.W.2d 666 (Tex. Crim. App. 1993) (two-prong test for lesser-included offenses)
- Royster v. State, 622 S.W.2d 442 (Tex. Crim. App. 1981) (guides when to instruct on lesser-included offenses)
- Moore v. State, 574 S.W.2d 122 (Tex. Crim. App. 1978) (entitled to instruction on every issue raised by evidence)
- Thompson v. State, 521 S.W.2d 621 (Tex. Crim. App. 1974) (principle that defendant’s evidence may raise lesser offense)
- Thomas v. State, 699 S.W.2d 845 (Tex. Crim. App. 1985) (distinguishes criminal negligence from recklessness in related contexts)
- Hart v. State, 89 S.W.3d 61 (Tex. Crim. App. 2002) (discusses circumstantial evidence and inference-based proof)
- J. Brooks, 323 S.W.3d 893 (Tex. Crim. App. 2010) (see above Brooks v. State)