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