Charles Ray Carter v. State

506 S.W.3d 529, 2016 Tex. App. LEXIS 8412, 2016 WL 4145163
CourtCourt of Appeals of Texas
DecidedAugust 4, 2016
DocketNO. 01-14-01006-CR
StatusPublished
Cited by4 cases

This text of 506 S.W.3d 529 (Charles Ray Carter 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
Charles Ray Carter v. State, 506 S.W.3d 529, 2016 Tex. App. LEXIS 8412, 2016 WL 4145163 (Tex. Ct. App. 2016).

Opinions

OPINION

Sherry Radack, Chief Justice

A jury convicted appellant, Charles Ray Carter, of murder, and the trial court assessed punishment at 50 years’ confinement. In a single point of error, appellant contends the trial court abused its discretion in denying his motion for new trial, which was based on allegations of ineffective assistance of counsel. We affirm.

BACKGROUND

In the early hours of September 1, 2013, appellant shot Earl Green to death; the question for the jury was whether the shooting was justified.

Events Before the Shooting

According to Freda Wilson, who had been Green’s mistress for thirteen years at the time of trial, Green had become convinced that appellant and Freda were sleeping together. Demond Frank testified at trial that there had been “an issue ongoing between the defendant and [Green] about Freda” and they had been in a .physical fight over it in the past.

Freda Wilson testified that she, Green, and other family members had spent the evening fishing.. She and Green returned to her home around one in the morning. While they were unpacking Green’s Jeep outside Freda’s trailer, appellant pulled up. He appeared angry and mad, but Freda did not think he was mad at her or Green. Freda stated appellant had a gun in one hand and a pack of bullets in the other, but he was was not pointing the gun at anyone.

Q. So, once he got out of the car and you said he was mad, what happened next?
A. [Green] asked him what he was doing there. And he said, Man, Green, this is not for us.
Q. I am sorry. What was that?
A. Man, Green, this is not for us.
Q. And then what happened next?
A. Then [Green] started chasing him around the car.
Q. So it was [Green] chasing the defendant around the car; is that correct?
A. Yes.

[532]*532According to Freda, while Green was chasing appellant around the car, Green said that he was going to get appellant. Freda grabbed Green and held him, and Green told appellant to leave. Green was upset and appellant left. Freda testified that as appellant was leaving, he said, “You better be glad my cousin loves you or not (sic) I would kill you.” Freda continued to hold Green back for a few minutes, and when she released him, Green left.

The Shooting

Demond Frank, appellant’s cousin, testified that he had been at a club in La Porte and, after he left there at about one a.m., he went to Jennifer Dangerfield’s house. Jennifer was not there yet, but her sister, Nathanielle Blake, and Dameeka. Moore were there. Frank talked with the two women until appellant drove up about 10 minutes later. Frank went to the curb to talk to appellant through the passenger-side window. At first he was leaning on the car while they talked, then appellant started rolling forward, and Frank walked along by the car as they continued talking.

Frank testified that appellant was holding a gun. Appellant seemed nervous and said that earlier Green had accused him of sleeping with Freda. Frank spotted Green’s Jeep heading toward them from the opposite direction of appellant’s car: “[Green] shot up on us and all I heard was say, [n****r], and I seen (sic) blue fire. I drove (sic) on the ground.” Frank heard more than one shot.

After the shooting, Green’s Jeep rolled backward toward a field. Frank testified that when he checked on Green he was “gone,” so Frank drove off to look for appellant, who had driven away slowly after the shooting. Frank spoke with appellant later in the morning, and appellant said that he was going to turn himself in.

After the Shooting

Andre Godfrey and Jennifer Dangerfield were on the way to her home from a club in La Porte when Jennifer received a telephone call about a shooting near her house. On arrival at Jennifer’s home, the pam saw “a Jeep backed up in the street in a field.” Andre knew the Jeep belonged to Green. The Jeep was still running when he and Jennifer approached it and found Green, unconscious and bleeding, “face[] down between the seats.” Andre testified he went to a nearby house and got his cousin, Mark Patterson, and his friend, Clarence Williams, to come help. Meanwhile, Jennifer called 911 and was told by the dispatcher to get Green out of the Jeep and try to administer CPR.

Andre and Mark lifted Green out of the Jeep, and Jennifer, then Mark, attempted to revive him. Andre estimated the paramedics or police arrived about 30 to 45 minutes later. Andre said he neither saw anyone approach the Jeep during that time, nor did he see anything in the Jeep; specifically, he did not see a gun.

Mark Patterson testified that he and some friends had been partying outside his house when Andre arrived. Mark’s house was about two blocks from the homicide scene. Mark and Clarence Williams went to the scene with Andre. When they arrived, Mark saw Jennifer in the road and the Jeep with its lights on. He saw no one else. He said he got Green out of the Jeep, and that Andre might have helped. Jennifer, then Mark, performed CPR, but they were unable to resuscitate Green.

The prosecutor asked Mark if he had heard the shots since he lived only two blocks away, and he replied that he had heard some shots about 35 minutes before Andre arrived. While he was there, he saw no one approach the Jeep or take anything out of it. He never saw a gun in the Jeep.

[533]*533INEFFECTIVE ASSISTANCE OF COUNSEL

In his sole point of error, appellant contends that

[t]he trial court abused its discretion in denying the motion for new trial because no reasonable view of the record could support the trial court’s ruling. The totality of representation demonstrates defense counsel at trial failed to investigate the law or facts of the case or to adequately prepare for either phase of trial.

Specifically, appellant contends that, at the guilt-innocence phase of the trial, defense counsel failed to (1) investigate or introduce evidence of gunshot residue [GSR] on the decedent’s hands; (2) seek out fact witnesses; and (3) call an expert or cross-examine the State’s expert about whether shell fragments of “undetermined origin” indicated that the decedent had fired a weapon. Appellant also argues that he received ineffective assistance of counsel at the punishment phase of the trial because defense counsel called only two witnesses to testify on his behalf, and “it would have been easy for [defense counsel] to find people in the community who would have been available to testify to [appellant’s] good reputation in the community, as well as [the decedent’s] capacity for violence.” We address each issue respectively.

Standard of Review

We review a trial court’s denial of a motion for new trial under an abuse of discretion standard. Charles v. State, 146 S.W.3d 204, 208 (Tex.Crim.App.2004). When the motion alleges ineffective assistance of counsel, we must determine whether the trial court’s finding on the ineffective assistance argument and subsequent denial of the motion for new trial were “so clearly wrong as to lie outside the zone of reasonable disagreement.” Keller v. State,

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Cite This Page — Counsel Stack

Bluebook (online)
506 S.W.3d 529, 2016 Tex. App. LEXIS 8412, 2016 WL 4145163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-ray-carter-v-state-texapp-2016.