Castillo v. State

913 S.W.2d 529, 1995 Tex. Crim. App. LEXIS 124, 1995 WL 699931
CourtCourt of Criminal Appeals of Texas
DecidedNovember 29, 1995
Docket1389-93
StatusPublished
Cited by250 cases

This text of 913 S.W.2d 529 (Castillo 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
Castillo v. State, 913 S.W.2d 529, 1995 Tex. Crim. App. LEXIS 124, 1995 WL 699931 (Tex. 1995).

Opinions

OPINION ON APPELLANT’S PETITION FOB DISCRETIONARY REVIEW

CLINTON, Judge.

A jury convicted appellant of possession with intent to deliver cocaine and assessed punishment at confinement for twelve years. On appeal appellant complained, inter alia, that the trial court erred in granting the State’s challenge for cause against venireman Noel Blaydes on the ground that he harbored a bias against some aspect of the law upon which the State was entitled to rely. Article 35.16(b)(3), V.A.C.C.P. The trial court had granted the State’s challenge that Blaydes was unable to consider convicting an accused on the basis of the testimony of a single witness. Appellant contends that Blaydes’ voir dire reveals nothing more than that his threshold for reasonable doubt is higher than the legal minimum to justify conviction, and that granting the State’s challenge for cause was error under this Court’s opinion in Garrett v. State, 851 S.W.2d 853 (Tex.Cr.App.1993).

The court of appeals rejected appellant’s contention, holding that propriety of the trial court’s grant of the State’s challenge for cause was governed, not by Garrett, but by our earlier opinion in Caldwell v. State, 818 S.W.2d 790 (Tex.Cr.App.1991). Accordingly the court of appeals affirmed the conviction. Castillo v. State, 867 S.W.2d 817 (Tex.App.—Dallas 1993). In his petition for discretionary review, appellant now contends that our opinion in Garrett effectively overruled Caldwell, and that the court of appeals therefore erred to dispose of his contention on appeal on the basis of the latter. We granted appellant’s petition to address this contention. Tex.R.App.Pro., Rule 200(e)(2) & (3).

I.

During the prosecutor’s questioning of the jury panel he asked whether anyone would need more than a single witness to a crime. Blaydes responded, “I have one police officer tell me that a man was guilty: that is all I had, I couldn’t say guilty. I couldn’t do it.” Later during individual questioning, Blaydes reaffirmed his position:

“[Prosecutor]: You had indicated that you would have trouble deciding this case if we brought you testimony of only one police officer. Could you explain what is the genesis of that?
[Blaydes]: Well, I was a drug agent for a couple of years there, and I just ran into and encountered so many things with various law enforcement persons that I worked with, and I have known of more than one [531]*531to get their story — to not get their stories straight and lie, frankly. I would be able to convict with two, but not with one. It’s just no way. No way I could find guilty with just one officer. There would be a reasonable doubt. Be automatic.
[Prosecutor]: Automatic?
[Blaydes]: Automatic reasonable doubt.
The Court: I’m not sure that that is grounds for a challenge.
I would think that, Mr. Blaydes, the question that he asked was if you believed the witness?
[Blaydes]: I wouldn’t automatically believe the witness.
The Court: But the way he asked the question was if you believed the witness? [Blaydes]: ‘If is such a big word, I would not believe. If it was just one witness, I would not automatically.
The Court: You would prejudge?
[Blaydes]: Yes, I would prejudge one peace officer; not two or three, but one, yeah. I have a problem with that because drug cases are just so different, as far as I’m concerned, than other types of criminal cases.
⅜ ⅜ * ⅜: *
[Defense Counsel]: The scenario that has been painted is that if there was one witness, and that one witness gave testimony, are you saying that no matter how credible, even if you believed him a hundred percent, you would still not be able to fairly decide this case based on just one person’s testimony?
[Blaydes]: No. If he convinced me, if he convinced me, and there were other corroborative testimony, that it was crack, you know, and—
[Defense Counsel]: You know, the other corroborative evidence might not be another live person, but may be physical evidence; so, if there was — if that one witness convinced you, then you had other things corroborated it, you could believe that one witness?
[Blaydes]: I’ll be honest with you, what I would do, I would pray and ask God whether the man was telling me the truth, the police officer, and if God told me, yes, and there was other evidence that it was crack that was taken into, you know, as evidence, yeah, yeah, I would find your man guilty.
[Defense Counsel]: Okay.
The Court: That is with one witness?
[Blaydes]: With one witness right. See, I would be under pressure in there, but if I got the — got the answer when I prayed over it, if the one witness was telling the truth, I would find that man guilty.
⅜ * ⅜ * *
[Prosecutor]: One further question. I don’t mean this is in a disrespectful way. You said if you got the answer?
[Blaydes]: Yes, it’s possible it might not— [Prosecutor]: What if you prayed over it, and you didn’t get an answer?
[Blaydes]: That is why I was doing this. With — with all I know, if I was under pressure, wasn’t given enough time to get an answer, very quick trial, then I would have to acquit because there would be a reasonable doubt there. You see, there is an — automatically reasonable doubt unless I have been given some sort of sign, because anyone could say anything.
[Prosecutor]: I understand that. I understand that.
The Court: [Defense Counsel], do you have additional questions?
[Defense Counsel]: No, Your, Honor.
The Court: I’m going to grant the challenge.
Mr. Blaydes, let me assure you that you have the right to believe as you desire, as you have indicated. It’s just that both sides have the right to have twelve jurors come in without some preconceived idea, and able to sit and listen to the evidence before they make up their mind as to whether or not to believe a witness, and here you have indicated to me that you would prejudge the facts; that there is only one peace officer, you can’t believe them?
Playdes]: No, it doesn’t necessarily mean he’s telling the truth. That would be pre[532]*532judging him, to just believe he’s a police officer; he’s automatically telling the truth.
The Court: What I’m saying, you have already prejudged the facts that you couldn’t convict on the testimony of one peace officer, is that correct?
[Blaydes]: Not for this particular offense. For other offenses, yeah, but not for this particular offense.
The Court: So—
[Blaydes]: Kind of risky.”

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Bluebook (online)
913 S.W.2d 529, 1995 Tex. Crim. App. LEXIS 124, 1995 WL 699931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castillo-v-state-texcrimapp-1995.