Warren Tyrone Calhoun v. State
05-17-00026-CR
| Tex. App. | Jan 2, 2018Background
- Appellant Warren Tyrone Calhoun, wearing gloves and a ski mask, entered a convenience store, pointed an air pistol at clerk Antonio Navarez, threatened to kill him, took money, and fled.
- Police pursued Calhoun; he abandoned the car, fled on foot, and was captured by an officer and a canine.
- Officers recovered an air pistol nearby; the gun bore a warning label stating misuse could cause serious injury or death; an officer testified the gun could cause serious bodily injury.
- At arrest, Calhoun made statements including “I didn’t mean to rob him” and admitted stealing his girlfriend’s car; these statements were made before Miranda warnings were given.
- A jury convicted Calhoun of aggravated robbery, found a deadly-weapon enhancement, and after a true plea to an enhancement paragraph the jury assessed an 18-year prison term.
Issues
| Issue | Plaintiff's Argument (Calhoun) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of deadly-weapon finding | Gun was an air pistol (not a firearm); CO2 canister empty; no proof of projectiles, so not capable of causing serious injury | Evidence showed Calhoun pointed the gun, threatened to kill Navarez, officer testified the air pistol could cause serious bodily injury, and warning label warned of death/serious injury | Affirmed: evidence sufficient to support deadly-weapon finding; judgment modified to specify "air pistol" (not "a firearm") |
| Admissibility of pre-Miranda statements | Statements made before Miranda should have been excluded | No objection was made at trial to preserve error | Not preserved on appeal; issue rejected |
| Admission of confession/admission about car | Pre-Miranda admission should be excluded | No timely trial objection; admission received | Not preserved on appeal; issue rejected |
| Common-law allocution right | Trial violated broader common-law allocution right beyond statutory question | Statutory allocution was complied with; no request or objection asserting a common-law right at trial | Not preserved; appellate court declines to decide existence of broader common-law right |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Adame v. State, 69 S.W.3d 581 (Tex. Crim. App.) (BB gun not deadly weapon per se; inquiry is capability to cause serious bodily injury)
- Tucker v. State, 274 S.W.3d 688 (Tex. Crim. App.) (expert or lay testimony may support deadly-weapon finding)
- Saldano v. State, 70 S.W.3d 873 (Tex. Crim. App.) (failure to timely object at trial waives appellate complaints about evidence admission)