Beasley v. State

902 S.W.2d 452, 1995 Tex. Crim. App. LEXIS 74, 1995 WL 379808
CourtCourt of Criminal Appeals of Texas
DecidedJune 28, 1995
Docket1365-93
StatusPublished
Cited by166 cases

This text of 902 S.W.2d 452 (Beasley v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beasley v. State, 902 S.W.2d 452, 1995 Tex. Crim. App. LEXIS 74, 1995 WL 379808 (Tex. 1995).

Opinions

OPINION ON APPELLANT’S PETITION FOB DISCRETIONARY REVIEW

OVERSTREET, Judge.

Appellant was indicted for the felony offense of murder, V.T.C.A. Penal Code, § 19.02(a)(1), alleged to have been committed on or about the 3rd day of February 1990, in Tarrant County. He was found guilty in a trial by jury in the 372nd District Court of Tarrant County on the 13th day of November, 1992. The jury assessed punishment at life imprisonment in the Texas Department of Criminal Justice, Institutional Division, and a fine of $10,000. Appellant’s conviction was affirmed by the Fort Worth Court of Appeals on November 10, 1993. Beasley v. State, 864 S.W.2d 808 (Tex.App.—Fort [454]*454Worth 1993). We granted appellant’s petition for discretionary review to decide if evidence of bad conduct generally engaged in by gang members is admissible absent a showing of a connection between such conduct and appellant.1

I. SUMMARY OF PERTINENT FACTS

During the guilt/innocence phase of the trial, testimony was given by the victim that he was with the deceased and a third party at Cheddar’s Restaurant on February 1,1990 when appellant entered the restaurant along with another young man, two ladies, and a baby. The victim testified that he and his friends noticed that appellant and his male friend were wearing jeans with a black Raiders cap and a L.A. Lakers jacket. Both men also had blue bandannas hanging out of their back pockets. Subsequently, the deceased and appellant had a conversation and exchanged beeper numbers. Two days later, appellant met the deceased and the victim at a bowling alley, lured the two of them to an isolated area, shot both of them and then took their money. When the police arrived, the victim informed them that he was “shot by some Crips.”

During the punishment phase of the trial, the State presented two witnesses who testified about appellant’s gang membership. First, the victim testified that while in Cheddar’s Restaurant on February 1st, he overheard appellant say to the deceased, “I am a part of the East-something Crips.” The remainder of the testimony regarding the gang and gang membership was given by Leo Griego, a police officer from California. Officer Griego testified that he was a police officer from Barstow, California, where appellant had lived before moving to Texas, that he had been a police officer for the past twenty years, and that he had interactions with gangs including Crips for the last fifteen years. Officer Griego further explained that the Crips is a black street gang that has an “allegiance for a common goal, and they engage in violent and criminal activity.” He added that specifically, “[tjheir cause is violence, criminal activity such as drug trafficking, robberies, witness intimidation.”

Officer Griego explained that one manner in which Crip gang members identify themselves is through their distinguishing clothing. He explained in detail that:

“[t]he Crips are known to wear blue garb, such as blue pants or shirts, tennis shoes, shoelaces, caps with Raider’s logo on them, jackets with Raider’s logo, black or dark blue shirts, in combination with other blue garb....”

Officer Griego also testified that when the Crips were “Cripped out or dressed out”, along with the other blue garb, they would wear blue rags or handkerchiefs on their heads or in their pockets.

Officer Griego testified that he personally knew appellant. He testified that he had seen appellant in the presence of other known Crip members, and that he had seen him wearing the type of gang clothing that he had earlier described. When asked if he knew of appellant’s reputation in the community for being a peaceful and law-abiding citizen, officer Griego responded that he did know of his reputation and that it was bad.

II. COURT OF APPEALS’ HOLDING

The Second Court of Appeals affirmed the judgment of the trial court holding that the evidence admitted was not evidence of an extraneous offense and was therefore admissible. Beasley v. State, 864 S.W.2d 808 (Tex.App.—Fort Worth 1993). It stated that article 37.07 § 3 of the Texas Code of Criminal Procedure and the Rules of Evidence provide for the admission of evidence by the state or the defendant of anything that the court deems relevant, including the defendant’s prior criminal record, his reputation, and his character. Id. at 810. The court of appeals rejected appellant’s argument that the evidence was inadmissible because it is evidence of an extraneous offense. The court of appeals first stated that appellant’s objection to the evidence being admitted was untimely, [455]*455and went further to explain that the testimony that was objected to was only the witness’ opinion of the character and nature of the gang. Id. at 811. The court of appeals likened appellant’s affiliation with the gang to one’s religious affiliation, and reasoned that the evidence that Beasley was a member of a street gang dedicated to violence and other criminal activity is admissible at the punishment phase of the trial. Id. at 810-811. Lastly, because this evidence’s purpose was to show only the general nature of the gang, the court of appeals found that it was unnecessary for the State to link appellant to every single kind of crime that the gang may have engaged in. Id.

III.APPELLANT’S CONTENTION

Appellant claims that the evidence that was admitted regarding the conduct of the gang was all inadmissible. He maintains that the evidence that the State introduced was evidence of unadjudicated extraneous offenses of the gang. According to appellant, the State introduced evidence of these unad-judicated extraneous offenses of the gang so that the jury would consider these acts while assessing his punishment. Because the evidence introduced by the State was unadjudi-cated extraneous offense evidence, appellant argues that Grunsfeld v. State, 843 S.W.2d 521 (Tex.Cr.App.1992) controls, and consequently, admitting unadjudicated extraneous offense evidence in the punishment phase of a noncapital offense was reversible error.

In the alternative, appellant argues that in the event that this Court finds that the testimony was not unadjudieated offense evidence, the State neglected to demonstrate that appellant was a member of the Crips or that he engaged in, or had knowledge of the criminal activities attributed to the gang. To support this contention, appellant refers to Urbano v. State, 837 S.W.2d 114 (Tex.Cr.App.1992). Furthermore, appellant, citing People v. Smith, 141 Ill.2d 40, 152 Ill.Dec. 218, 565 N.E.2d 900 (1990), contends that being in the presence of gang members is insufficient alone to show that one is a gang member, and in this ease, there was no clear evidence presented that appellant actually was a member of the crips gang.

IV.STATE’S CONTENTION

The State’s first contention is that this Court should dismiss appellant’s petition because appellant has failed to address the court of appeals’ holding that appellant’s trial objection was untimely.

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Bluebook (online)
902 S.W.2d 452, 1995 Tex. Crim. App. LEXIS 74, 1995 WL 379808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beasley-v-state-texcrimapp-1995.