Canales v. State

98 S.W.3d 690, 2003 Tex. Crim. App. LEXIS 2, 2003 WL 122555
CourtCourt of Criminal Appeals of Texas
DecidedJanuary 15, 2003
DocketNo. 73988
StatusPublished
Cited by305 cases

This text of 98 S.W.3d 690 (Canales 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
Canales v. State, 98 S.W.3d 690, 2003 Tex. Crim. App. LEXIS 2, 2003 WL 122555 (Tex. 2003).

Opinion

OPINION

HERVEY, J.,

delivered the opinion of the Court

in which KELLER, P. J., MEYERS, WOMACK, KEASLER, HOLCOMB, and COCHRAN, JJ., joined.

A jury convicted appellant of capital murder pursuant to Section 19.03(a)(5)(B), Texas Penal Code, which makes it a capital offense for a person to knowingly or intentionally murder another person, while in[693]*693carcerated in a penal institution, -with the intent to establish, maintain, or participate in a combination or in the profits of a combination. The trial court sentenced appellant to death pursuant to the jury’s answers to the special issues submitted at the punishment phase. Appellant raises fifteen points of error in an automatic direct appeal to this Court. We affirm.

The evidence showed that appellant, while incarcerated in prison, was one of approximately 106 members of the Texas Mafia, a criminal organization that carries on assorted criminal activities. The evidence also showed that appellant and another inmate murdered the victim based on orders from a Texas Mafia member because the victim had interfered with some business dealings of the Texas Mafia. Appellant described the murder to another Texas Mafia member in a letter1 in which appellant wrote:

Puff [the other inmate] put the hold on [the victim], and I [appellant] grabbed his arms. It went smooth. He lost consciousness right away, and struggled for a bit. I took the time to inform him who we were and why he’s going to die. Puff told him, don’t even fuck with the Texas mafia in hell, ha, ha, ha. Anyway, we made sure the dick sucker was dead, and I declared the hit complete. We put his shit smelling ass on the top bunk and went quietly out the door.

In support of appellant’s alibi defense, appellant’s lawyer read into the record a statement by another inmate who was unavailable to testify at appellant’s trial for medical reasons.

[APPELLANT’S LAWYER]: This is a statement of Melvin Walker, an inmate at the Telford Unit. The statement was given July 23rd, 1997. Mr. Walker’s housing assignment was 3-Building, A-pod, Cell-29.

The statement reads as follows:

“At the time that this incident was supposed to have happened [appellant] was sitting in front of his cell. I was sitting there talking to him. Someone came in and said something had happened on B-Pod, and we had been sitting together for over an hour talking. [Appellant] was on cell restriction, and was staying close to his cell. We sat and rapped for over an hour before we heard something had happened.
Signed, Melvin Walker.”

In point of error three, appellant argues that the trial court erroneously overruled his motion for a directed verdict and his objection to the jury charge at guilt/innocence on the basis that the evidence was insufficient to prove the “combination” element. We consider these claims to be a challenge to the legal sufficiency of the evidence to support the “combination” element of appellant’s conviction. This requires the Court to view all of the evidence in the light most favorable to the verdict and then determine whether any rational trier of fact could have found this element of the crime beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979); Butler v. State, 769 S.W.2d 234, 239 (Tex.Cr.App.1989).

The prosecution claimed that appellant murdered the victim with the intent to “participate in a combination.” Section 19.03(a)(5)(B) does not define “combination.” The Organized Crime section of the Penal Code, however, defines a “combination” as “three or more persons who collaborate in carrying on criminal activities.” See Section 71.01(a), Texas Penal Code. That definition of “combination” was sub[694]*694mitted to the jury in the court’s charge without objection from either party and both parties rely on this definition of “combination” in their briefs to this Court. We will apply this definition of “combination” in this case.

Appellant argues that the evidence is insufficient to establish that “three or more persons who collaborate in carrying on criminal activities were involved in the [victim’s] death, as is required under the statute to establish a combination” (internal quotations omitted). The State argues that it did not have to prove that three or more persons who meet the definition of “combination” in Section 71.01(a) were involved in the victim’s death. The State argues that appellant could have acted alone in murdering the victim and still be guilty of capital murder under Section 19.03(a)(5)(B) so long as appellant murdered the victim with the intent to participate in a combination as defined by Section 71.01(a).

We agree. The evidence shows that three or more persons, including appellant, collaborated to kill the victim. Point of error three is overruled.

In point of error one, appellant claims that the trial court erroneously denied his mistrial motion after the prosecution commented on his failure to testify. The record reflects that, during closing jury arguments at guilt/innocence, appellant’s lawyer made an assertion, unsupported by the record, that “they” (the Texas Mafia?) had appellant write the letter “with the understanding that [appellant] couldn’t be prosecuted because he had an ironclad alibi.”

[APPELLANT]: ... The only explanation is that they had [the recipient of the letter] solicit the letter from [appellant], with the understanding that [appellant] couldn’t be prosecuted because he had an ironclad alibi, which he’s got. He’s got an ironclad alibi.

The prosecution responded in its closing jury arguments by rhetorically asking if there was “any other way for [appellant] to explain the letter.”

[PROSECUTION]: [Appellant’s lawyer] says that appellant wrote the letter because he had an ironclad alibi. Really, was there any other way for [appellant] to explain the letter? I mean really, what do you do if you’re sitting over there and you have to explain this letter?
[APPELLANT]: Objection, Your Hon- or, I will have a motion.
[TRIAL COURT]: Alright [sic], we’ll take it up later.
[APPELLANT]: Take up at the conclusion.
[TRIAL COURT]: Yes, sir.
[PROSECUTION]: [Appellant’s lawyer] explanation is that somehow [appellant] had an ironclad alibi, therefore, he wrote the letter. The logic doesn’t follow. He’s actually suggesting that [appellant]—if I understand him—that [appellant] knew the letter was going to be intercepted, and we get it, so it would take the heat off of somebody else. That’s phenomenal-—that’s phenomenal to think that.

When appellant’s counsel moved for a mistrial on the basis that the prosecution’s jury arguments commented on appellant’s failure to testify, the prosecution responded that it was rebutting statements appellant had made during his closing jury arguments. The trial court denied appellant’s mistrial motion.

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Bluebook (online)
98 S.W.3d 690, 2003 Tex. Crim. App. LEXIS 2, 2003 WL 122555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/canales-v-state-texcrimapp-2003.