Boudreaux v. State

757 S.W.2d 139, 1988 WL 90328
CourtCourt of Appeals of Texas
DecidedNovember 30, 1988
Docket01-87-01086-CR
StatusPublished
Cited by8 cases

This text of 757 S.W.2d 139 (Boudreaux 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
Boudreaux v. State, 757 S.W.2d 139, 1988 WL 90328 (Tex. Ct. App. 1988).

Opinions

OPINION

SAM BASS, Justice.

Appellant was indicted for burglary of a habitation, enhanced by two prior felony theft convictions. After being found guilty by a jury of burglary, appellant elected to have punishment assessed by the court. He then pleaded true to both enhancement paragraphs, and the court sentenced him to 25 years confinement.

On this appeal, appellant challenges the sufficiency of the evidence to support his conviction. Specifically, he asserts that the evidence was insufficient to support his conviction under the law of parties because the burglary was completed before he did any act to aid, assist, or encourage its commission; that there was no evidence showing he asserted any distinct control over the stolen property, and his explanation, when confronted at the scene of the crime, was a reasonable one; and finally, that the State introduced two written statements that tended to show that appellant did not know that a burglary had been committed, and then the State failed to offer any evidence rebutting those statements.

The State’s evidence-in-chief consisted principally of the testimony of the home owner, whose house was burglarized, and that of one of the police officers who investigated the offense.

The complainant, Dr. John Livesay, testified that on the day of the burglary, he was away from his home about an hour and a half and returned at about 5:30 p.m. When he entered his house, he found several items out of place and some stereo equipment missing. He first called the police and then noticed that the burglars had left some items untouched. Concerned that the intruders were still on the premises, he looked outside through some French doors. He saw a man, later identified as Robert Mayo, standing by a fence that separated his yard from the adjacent property. Mayo was passing stereo equipment through a hole in the fence to appellant, who was loading them into a Volkswagon automobile parked in the adjacent driveway.

Dr. Livesay testified that when the two men saw him looking at them, they jumped into the car and started backing out of the driveway. Dr. Livesay picked up his .357 magnum pistol and ran out through his front door and into the street. He saw the vehicle back into the street and then start forward. Dr. Livesay chased the departing car, and then reached through the open [141]*141passenger window with both arms and pulled the keys out of the ignition. As he did this, both men exited the car from the driver’s side, and the car came to a stop. One of the men, Robert Mayo, ran away from the scene. Appellant went to a house across the street and asked the occupants of the house if he could use the telephone. They refused his request, and appellant then waited in front of the house until the police arrived several minutes later.

A turntable, tape deck, and amplifier were found inside the Volkswagon. The wires had been cut on several pieces of the equipment. A television and a video cassette recorder were still stacked inside the fence on the complainant's property.

When the police arrived, appellant was placed under arrest. He told the police that he did not know his companion’s last name, but said that if the police would take him to a nearby lounge where appellant worked as a disc jockey, someone could tell them the name of his companion and where the man lived. The police and appellant went to the lounge and obtained the information. The police later found and arrested Robert Mayo. Mayo made the following statement to the police after his arrest:

My name is Robert Kenneth Mayo Jr. and I am 20 years old. I live at 1721 Wichtia [sic] #9. I graduated from the 8th grade, but I can not read nor write. On 081986 at about 5:30 PM Anthony, I do not know his last name, came to my house and told me “I KNOW THIS HOUSE WE CAN BURGLARIZE.” At this time Anthony and I went to 1812 Rosedale. When we got there I saw some property stacked up by the fence. The side door was open and Anthony and I went inside. Once inside I found that Anthony had stacked up a TV and a receiver in the living room. We took this property out side and stacked it with the rest of the property. We did not have any way to transport the property so we left walking trying to find someone with a car. We saw a red VW parked in the Almeda lounge parking lot and I knew this vehicle belonged to Darrell. We went inside the lounge and talked to Darrell. Anthony told Darrell “WAS HE DOWN TO MAKE SOME MONEY” and Darrell said that he was game. Anthony said that he had this JVC system, color TV and a turntable. Anthony said that he was going to take it to his cousin and he will give us cash money for it. Darrell ask am I going to get my cut and I said yes. I got into the red VW with Darrell driving and Anthony walked. We drove up to the house we had burglarized and Darrell parked in the house next doors driveway. Darrell stayed in the car and I got out and got the property we had stacked up and handed it to Darrell who was placing the property in the back seat. The next time I reached throught [sic] the fence to get some more property the owner of the property came up and I jumped into the VW and Darrell backed up. At this time the owner of the house ran out his front door and ran up to the VW and took the keys out of the car. During this time Darrell told me to run which I did to some apartments on Wichita where the police arrested me. About ten days ago I broke into this same house and was going through the owners billfold when he came in and I took off running. This time I got away. I am currently on parole for burglary and I am wanted at this time for parole violation.

Appellant gave the following written statement to the police after his arrest.

My name is Darryl Gene Boudreaux and I am 36 years old. I was born September 14, 1949 in Beaumont, Texas. I attended Yates High School and graduated in 1967. I can read and write the English language. On 8-19-86 I was at work at the Almeda Lounge located at 4501 Almeda. At 5:30 p.m. this dude came by the lounge and asked me if I would give him a ride. I asked him where he wanted to go and he said right around the corner from the auto parts store. I told him that he could walk that far and the guy told me that he had some stuff that he had to move and that he needed a ride for it. I had seen this dude on several occasions as he came into the club several times in the past. I then [142]*142asked him how long it would take if I took him to pick up this property and the dude said that he needed me to carry him to Cleburne and Dowling, to Cleburne Manor Apts. I told him that I did not know and he said if I wanted to make some money. I told him sure and that I needed to make some money. We got into my car which is a 1965 Volkswagon and we went to Rosedale Street. He told me to drive up in this driveway that was to a two story house. The house sat on the left side of this driveway but the dude walked over to the right side to the fence of the house next door. The fence had a few boards missing and I saw him reach inside the fence and get some stereo stuff. I never got out of my car because if it stops I have to get it jumped off. I have to keep my foot on the excellerator [sic]. I stayed behind the wheel with the car running. The dude brought the stereo stuff which was a turntable and some other stuff and put them in the back seat of my car. After he put the third piece of stereo equipment in the car I noticed that he was nervous and appeared to be in a big hurry. At this time I asked him if the stuff was hot and the dude said just hurry up. He jumped in the car as I was backing out of the drive way.

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Boudreaux v. State
757 S.W.2d 139 (Court of Appeals of Texas, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
757 S.W.2d 139, 1988 WL 90328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boudreaux-v-state-texapp-1988.