Amunson v. State

928 S.W.2d 601, 1996 Tex. App. LEXIS 2545, 1996 WL 346302
CourtCourt of Appeals of Texas
DecidedJune 26, 1996
Docket04-95-00029-CR
StatusPublished
Cited by51 cases

This text of 928 S.W.2d 601 (Amunson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amunson v. State, 928 S.W.2d 601, 1996 Tex. App. LEXIS 2545, 1996 WL 346302 (Tex. Ct. App. 1996).

Opinions

[603]*603OPINION

RICKHOFF, Justice.

John Wesley Amunson, appellant, was tried and found guilty of the offense of murder. Punishment was assessed at life in prison. Amunson now appeals the conviction raising six points of error. We reverse the judgment of the trial court and remand the case for a new trial.

Sufficiency of the Evidence

In his first point of error, Amunson alleges the evidence is insufficient to support his conviction. When considering a sufficiency of the evidence allegation, this court must review all of the evidence in the light most favorable to the verdict and determine if any rational trier of fact could have found all of the essential elements of the offense proven beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979); Geesa v. State, 820 S.W.2d 154 (Tex.Crim.App.1991). The standard of review is the same in both direct and circumstantial cases. The evidence must be such that a rational trier of fact could have found sufficient evidence of guilt beyond a reasonable doubt. Kapuscinski v. State, 878 S.W.2d 248, 249 (Tex.App.—San Antonio 1994, pet. ref'd).

Although the reviewing court looks at all the evidence, only evidence supporting the verdict is ultimately considered. Clewis v. State, 922 S.W.2d 126, 132 n. 10 (Tex.Crim. App.1996). The purpose for reviewing all of the evidence is to determine what evidence supports the verdict. Id. A reviewing court must ultimately disregard evidence that does not support the verdict. Id.1

When reviewing the evidence, the appellate court is not jury number two. See Moreno v. State, 755 S.W.2d 866, 867 (Tex.Crim.App.1988). The jury as the trier of fact is the exclusive judge of the credibility of the witnesses and the weight given to the evi dence. See Sharp v. State, 707 S.W.2d 611, 614 (Tex.Crim.App.1986), cert. denied, 488 U.S. 872, 109 S.Ct. 190, 102 L.Ed.2d 159 (1988). The jurors are also entitled “to draw reasonable inferences from basic facts to ultimate facts.” Dumas v. State, 812 S.W.2d 611, 615 (Tex.App.— Dallas 1991, pet. ref'd); see also Kapuscinski 878 S.W.2d at 249. When faced with conflicting inferences, the court must presume “ — even if it does not [604]*604affirmatively appear in the record — that the trier of fact resolved any such conflicts in favor of the prosecution, and must defer to that resolution.” Clewis v. State, 922 S.W.2d at 133 n. 13 (Tex.Crim.App.1996).

This case involves the murder of an eleven-year old boy on November 11, 1992. The testimony reveals that the victim’s father picked up Amunson, who was hitchhiking, and brought him to their home on November 10th. Amunson told the victim’s father he was on the run from the law.

On the evening of the murder, Amunson made dinner at the house using a knife. Amunson also testified that he examined an antique wheelchair in the victim’s house. The victim was left alone with Amunson when the father went to work at his evening job. When the victim’s body was discovered, it was found that the child’s head was bashed in and a large knife was buried in his back up to the hilt.

The victim’s father testified that the knife found in the boy’s back was one from his kitchen. A board which was broken in two was found lying near the victim with what appeared to be blood on it. There was testimony that the wood had been the backrest of the antique wheelchair in the victim’s home. The medical testimony revealed that the victim had received several blows to the head which could only have been caused by the victim having been struck with a blunt object.

Amunson took the stand in his own defense and testified that he played Monopoly with the child and then left the house. The medical examiner’s office received the victim’s body at approximately 11:40 p.m. The medical examiner testified that the child had been dead for at least thirty minutes, but maybe up to five hours. Amunson claimed to have left the victim’s home at approximately 6:30 p.m. The child’s body was found at 10:30 p.m. by his father, and an officer arrived at the scene shortly thereafter. There was testimony that the father had worked until 10:00 p.m. at Roger Stokes ballpark.

Amunson admitted to having stolen a YCR and a Nintendo from the victim’s home. Anthony Lehman testified that he met Amunson downtown at approximately 10:00 p.m. on November 11,1992. He recalled that Amun-son had told him that he had a VCR to sell and that he needed the money. Lehman’s son-in-law purchased the VCR for $30.00. Lehman testified that Amunson also had a Nintendo to sell.

Amunson left Texas immediately after the murder. He hitchhiked to Florida where he began using the name John Allen Smith. He stated he was on the run for a parole violation and that was why he changed his name. Flight, though not dispositive, can be considered by the trier of fact as an indication of guilt. See Alba v. State, 905 S.W.2d 581, 586 (Tex.Crim.App.1995); Livingston v. State, 739 S.W.2d 311, 330 (Tex. Crim.App.1987), cert. denied, 487 U.S. 1210, 108 S.Ct. 2858, 101 L.Ed.2d 895 (1988); McWherter v. State, 607 S.W.2d 531, 535 (Tex.Crim.App.1980).

In summary, the circumstances indicating Amunson’s guilt include the following facts: Amunson was left alone with the victim on the night of the murder; the victim was last seen alive with Amunson; Amunson admitted to being left alone with the victim on the night of the murder; Amunson stole a VCR and Nintendo from the victim’s home on the night of the murder; Amunson was familiar with the kitchen and the knives kept there; Amunson was aware of the antique wheelchair at the victim’s home; Amunson fled the state immediately after the murder. We hold that the evidence, when viewed in the light most favorable to the verdict, supports the jury’s finding that Amunson was guilty of murder beyond a reasonable doubt. We overrule the first point of error.

The Victim’s School Records

In his second point of error, Amunson argues that the trial court erred in refusing to admit the victim’s school records into evidence. At trial, Amunson sought to introduce the victim’s school records into evidence through the custodian of those records. The trial court excluded the school records, stating the records have “really no relevance” and the probative value, if any, did not outweigh the prejudicial effect.

[605]*605Amunson then narrated a bill of exceptions. The bill sets out that the decedent’s father had been reported to the Department of Human Services (“DHS”) for alleged child abuse. There were reports of bruises on the decedent’s arms. The victim stated the bruises were caused by his father.

Amunson argues that exclusion of this evidence was harmful error because it tended to discredit the father’s testimony regarding his relationship with his son. The state responds that the evidence is irrelevant because it does not relate to any of the elements of the charged offense.

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Bluebook (online)
928 S.W.2d 601, 1996 Tex. App. LEXIS 2545, 1996 WL 346302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amunson-v-state-texapp-1996.