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Willie McDowell v. State
01-15-00483-CR
| Tex. App. | Nov 3, 2015
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Background

  • Appellant Willie McDowell was indicted for aggravated robbery; a jury convicted him and the trial court sentenced him to 35 years' imprisonment.
  • Victim Itashia Corbin testified that two men "bum-rushed" her home, both armed; McDowell held her at gunpoint while an accomplice stole items (Xbox, shoes, cash).
  • The victim positively identified McDowell in court as the man who entered her home and held her at gunpoint.
  • A third witness, Shavondia Smith, testified McDowell had custody of an Explorer that matched the vehicle used to load the stolen property and attempt escape.
  • No fingerprints tying McDowell to the gun or vehicle were recovered; police explained the gun's texture and rarity of usable prints as reasons.

Issues

Issue Plaintiff's Argument (State) Defendant's Argument (McDowell) Held
Sufficiency of the evidence to support aggravated robbery conviction Victim's testimony alone established every element; corroboration by eyewitness to vehicle custody strengthens the case Victim was not credible because of alleged inconsistencies; lack of fingerprints undermines proof Evidence was sufficient under Jackson v. Virginia standard; conviction affirmed

Key Cases Cited

  • Jackson v. Virginia, 443 U.S. 307 (1979) (announces standard for sufficiency review: evidence viewed in light most favorable to the verdict)
  • Gear v. State, 340 S.W.3d 743 (Tex. Crim. App. 2011) (explains deference to jury in resolving conflicts and drawing inferences)
  • Griego v. State, 337 S.W.3d 902 (Tex. Crim. App. 2011) (confirms Jackson is the sole sufficiency standard)
  • Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009) (sufficiency standard applies equally to circumstantial and direct evidence)
  • Bradley v. State, 359 S.W.3d 912 (Tex. App.—Houston [14th Dist.] 2012) (victim testimony alone can support robbery conviction)
  • Callahan v. State, 502 S.W.2d 3 (Tex. Crim. App. 1973) (absence of fingerprint evidence does not necessarily defeat sufficiency)
Read the full case

Case Details

Case Name: Willie McDowell v. State
Court Name: Court of Appeals of Texas
Date Published: Nov 3, 2015
Docket Number: 01-15-00483-CR
Court Abbreviation: Tex. App.