Castillo v. State

865 S.W.2d 89, 1993 Tex. App. LEXIS 2731, 1993 WL 281998
CourtCourt of Appeals of Texas
DecidedOctober 7, 1993
Docket13-91-381-CR
StatusPublished
Cited by23 cases

This text of 865 S.W.2d 89 (Castillo 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
Castillo v. State, 865 S.W.2d 89, 1993 Tex. App. LEXIS 2731, 1993 WL 281998 (Tex. Ct. App. 1993).

Opinions

OPINION

FEDERICO G. HINOJOSA, Jr., Justice.

Appellant pleaded not guilty to the offense of aggravated robbery. A jury found him guilty of the lesser included offense of robbery, found the enhancement allegations to be true, and assessed punishment at twenty-five years’ confinement. By four points of error, appellant complains that the trial court allowed evidence of an extraneous offense, overruled his motion for mistrial after the State questioned him about plea bargaining, allowed testimony concerning the victim’s financial condition, and overruled appellant’s objection to the State’s closing argument. We reverse and remand for a new trial.

Appellant does not challenge the sufficiency of the evidence to support his conviction. Therefore, only a brief recitation of the facts is necessary. Appellant approached the deaf and partially paralyzed victim in McAllen, Texas about 7:00 p.m. on November 13,1990, scared him, and took his watch. The victim attempted to chase appellant, but because of his physical condition he could not catch appellant. The victim then flagged down a passing police officer and took approximately twenty minutes to explain to the officer what had happened. The victim and officer searched the area for appellant, and when they could not find him, the officer returned the victim to his hotel and left to complete a report.

The officer was called back to the scene to take reports from other persons, as appellant [92]*92had offered to sell the watch to a friend of the victim for $7.00. At the same time that the officer was interviewing these other persons, appellant was in a neighboring bar where he attacked and robbed a patron of a gold chain. Appellant left the bar, the victim saw him and pointed him out to the officer, who gave chase and caught him. The officer found the watch and chain where appellant threw them.

Appellant was indicted for aggravated robbery. The indictment alleged that appellant used a deadly weapon, a firearm, in the commission of the offense. At trial, appellant took the stand in his defense, admitted to taking the watch, but he denied using a firearm. The jury, charged with aggravated robbery, robbery, and theft, found appellant guilty of robbery.

By his first point of error, appellant complains that the trial court erred by admitting evidence of the robbery of the bar patron. Appellant objected on grounds that extraneous offense evidence is not admissible under Tex.R.Crim.Evid. 404(b) and further objected that the prejudicial effect of the evidence outweighed the probative value. Appellant has preserved both claims for review.

Evidence of extraneous offenses is not admissible to prove the character of the person in order to show that he acted in conformity therewith. Montgomery v. State, 810 S.W.2d 372, 386 (Tex.Crim.App.1990) (opinion on rehearing); Tex.R.Crim.Evid. 404(b). Extraneous offenses may be admissible if they have relevance apart from their tendency to prove the character of the accused. Montgomery, 810 S.W.2d at 387. The evidence may be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Tex. R.Crim.Evid. 404(b). A party may introduce prior acts where they logically serve to make more or less probable 1) an elemental fact or 2) an evidentiary fact which inferentially supports or challenges an elemental fact. Montgomery v. State, 810 S.W.2d 372, 387 (Tex.Crim.App.1990) (opinion on rehearing). Extraneous offense evidence is admissible to rebut a defensive theory. Crank v. State, 761 S.W.2d 328, 341 (Tex.Crim.App.1988), cert. denied, 493 U.S. 874, 110 S.Ct. 209, 107 L.Ed.2d 162 (1989).

The elements of robbery are 1) intent to obtain or maintain control of property, 2) intentionally, knowingly, or recklessly causing bodily injury to another, or intentionally or knowingly threatening or placing another in fear of imminent bodily injury or death, 3) while in the course of committing theft. Tex.Penal Code Ann. § 29.02 (Vernon 1989). The offense is aggravated if the actor causes serious bodily injury, uses or exhibits a deadly weapon, or robs a person who is disabled or over 65 years old. Tex.Penal Code Ann. § 29.03 (Vernon 1989). One element of any theft offense is the actor’s intent to deprive the victim of property. Tex.Penal Code Ann. § 31.03(a) (Vernon 1989).

Extraneous theft offenses are relevant to show the actor’s intent to deprive another of property. Cantrell v. State, 731 S.W.2d 84, 90 (Tex.Crim.App.1987). Since intent is a material element of robbery, the State is permitted to introduce evidence of extraneous offenses under Rule 404(b). The State offered the evidence for appellant’s intent, identity, and knowledge, and to explain appellant’s “motive not to have the gun” because he just exited a place where firearms are prohibited.

Once the trial court has determined that the evidence may be admitted under Rule 404(b), the opponent of the evidence must object to its probative value being substantially outweighed by the danger of unfair prejudice. Montgomery, 810 S.W.2d at 389; Tex.R.Crim.Evid. 403. Rule 403 has overruled prior case law which required a trial judge to determine that the evidence was relevant to a material issue and that its probative value outweighed its prejudicial effect. Rule 403 favors the admission of relevant evidence unless its probative value is substantially outweighed by the danger of unfair prejudice. Montgomery, 810 S.W.2d at 389. Neither party bears any burden under Rule 403; rather, the trial court has a duty to perform the balancing test. Id. The trial court has no discretion not to perform the balancing process. Id. Appellate courts should declare the trial court erred when [93]*93relevant criteria, viewed as objectively as possible, lead to the conclusion that the danger of unfair prejudice substantially outweighed the probative value of the evidence. Id. at 392. Relevant criteria include the evidence’s relevance and the State’s need for it. Id.

That the State’s need for the evidence is a relevant criteria under Rule 403 is emphasized by earlier cases in which extraneous offenses were held inadmissible even though relevant to a material element when that element could be readily inferred from other uncontested direct evidence. See, e.g., Cantrell v. State, 731 S.W.2d 84, 89 (Tex.Crim.App.1987); Baldonado v. State, 745 S.W.2d 491, 496 (Tex.App.—Corpus Christi 1985, pet. ref'd). In the present case, the State did not need the evidence to prove appellant’s identity, knowledge, or intent to deprive the victim of the property.

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Castillo v. State
865 S.W.2d 89 (Court of Appeals of Texas, 1993)

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865 S.W.2d 89, 1993 Tex. App. LEXIS 2731, 1993 WL 281998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castillo-v-state-texapp-1993.