Crenshaw v. State

125 S.W.3d 651, 2003 WL 22862673
CourtCourt of Appeals of Texas
DecidedMarch 31, 2004
Docket01-02-00743-CR
StatusPublished
Cited by33 cases

This text of 125 S.W.3d 651 (Crenshaw 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
Crenshaw v. State, 125 S.W.3d 651, 2003 WL 22862673 (Tex. Ct. App. 2004).

Opinion

OPINION

ADELE HEDGES, Justice.

Introduction

Appellant, Freddy Crenshaw, was charged with capital murder. A jury found appellant guilty, and the trial court sentenced him to life in prison. In six points of error, appellant contends that (1) the trial court erred in limiting his cross-examination of Orlando Castaneda (Orlando) and Vanessa Reyes (Vanessa) (points 1 and 2), (2) the trial court erred in excluding testimony from Audra Berlanga about an alleged robbery committed by Orlando and Vanessa (points 3 and 4), and (3) the trial court erred in refusing to allow appellant to cross-examine Orlando and to elicit testimony from Audra Berlanga about the robbery allegedly committed by Orlando and Vanessa (points 5 and 6). We affirm.

*653 Factual Background

On August 18, 2001, Orlando and his wife, Vanessa, went to appellant’s home to eat dinner and drink beer. Around midnight, appellant asked Orlando to drive him to a friend’s home to pick up some money. Orlando agreed, and drove appellant and two other individuals, Chris and Isaac, to a nearby apartment complex.

Orlando parked, and everyone except Orlando exited the vehicle. Approximately five minutes later, appellant and the other two individuals returned to the car. Orlando noticed that appellant was carrying a bloody cane when he reentered the vehicle, and that both appellant and Isaac had blood on them. Appellant informed Orlando that he had just robbed someone. After being informed of the robbery, Orlando initially refused to drive appellant home; but after appellant informed him that he would suffer certain “consequences” if he refused to comply, Orlando relented. Orlando testified that he was unaware that appellant intended to commit a robbery and had no involvement in the planning of the robbery; he thought that he was giving appellant a ride to a friend’s home to pick up some money.

After returning to appellant’s home, appellant told all present about the crime. He informed everyone that he had hit the victim in the face, knocked him to the ground, and beat him with the cane, intending to either kill him or render him unconscious so that the victim would be unable to identify him.

Appellant’s victim died as a result of multiple blunt trauma injuries, which included several skull fractures, rib fractures, and an arm fracture.

At trial, Vanessa testified that appellant, Orlando, Chris, and Isaac left appellant’s home, and that Orlando informed her that he intended to give appellant a ride. When they returned to appellant’s home, she saw that there was blood on the clothes being worn by appellant, Chris, and Isaac, that appellant had a bloody metal cane in his hand, and that he demonstrated for all present how he hit his deceased victim with the cane.

Cross-Examination of Orlando and Vanessa, and Testimony of Audra Ber-langa

In his first two points of error, appellant contends that the trial court deprived him of his right to confrontation of witnesses when it refused to allow him to cross-examine Orlando and Vanessa about their alleged involvement in an unadjudicated robbery that appellant contends occurred seven days prior to the commission of the offense giving rise to appellant’s conviction. He contends on appeal that the trial court erred in excluding this testimony because the evidence regarding the alleged unadjudicated robbery demonstrated a potential motive for both Orlando and Vanessa to testify against him.

In his third and fourth points of error, appellant contends that the trial court erred in refusing to allow Audra Berlanga to testify about Orlando’s and Vanessa’s alleged commission of the extraneous robbery. He argues the testimony would have shown that Orlando and Vanessa were potentially biased against appellant, and that the trial court denied him the right to present a meaningful defense by excluding Audra’s testimony.

Standard of Review

We review the trial court’s decision to exclude evidence under an abuse of discretion standard, and will not reverse its ruling unless it falls outside the zone of reasonable disagreement. Burden v. State, 55 S.W.3d 608, 615 (Tex.Crim.App.2001); Wolfberg v. State, 73 S.W.3d 441, 443 (Tex.App.-Houston [1st Dist.] 2002, pet. ref'd).

*654 Exclusion of Testimony

The constitutional right of confrontation is violated when appropriate cross-examination is limited. Carroll v. State, 916 S.W.2d 494, 497 (Tex.Crim.App.1996). The general rule is that specific instances of misconduct are inadmissible for the purpose of attacking a witness’ general character for truthfulness. Tex.R. Evid. 608(b). Specific instances of misconduct are, however, admissible to demonstrate that a witness is biased or has an interest in the outcome of the case. Tex.R. Evid. 613(b); Dixon v. State, 2 S.W.3d 263, 271 (Tex.Crim.App.1999). While great latitude should be allowed in cross-examining witnesses to reveal possible bias, prejudice, or self-interested motives to falsify testimony, appellant bears the burden of demonstrating the relevance of the proffered evidence to the issue of bias or prejudice. Chambers v. State, 866 S.W.2d 9, 26-27 (Tex.Crim.App.1993). Evidence is relevant if it has “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Tex.R. Evid. 401. In order to demonstrate that the proffered testimony is relevant to the issue of bias or prejudice, appellant must establish a specific connection between the witness’ testimony and an actual bias or interest. Willingham v. State, 897 S.W.2d 351, 358 (Tex.Crim.App.1995); See also Ellis v. State, 99 S.W.3d 783, 789 (Tex.App.Houston [1st Dist.] 2003, pet. ref'd) (proffered testimony not relevant to determine fact at issue).

Appellant has failed to show the relevance of the excluded testimony to the merits of the case and to the issue of bias. He provides no specific authority supporting the proposition that the proffered testimony was relevant, but only recites general principles of constitutional law and the law of evidence. Appellant’s naked allegations suggesting that Orlando and Vanessa were involved in a robbery or attempted robbery seven days prior to the date of the offense do not fairly tend to raise an inference that Orlando and Vanessa had a motive to testify falsely for the State concerning this offense. See Ellis, 99 S.W.3d at 789; Massey v. State, 826 S.W.2d 655, 658 (Tex.App.-Waco 1992, no pet.).

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Bluebook (online)
125 S.W.3d 651, 2003 WL 22862673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crenshaw-v-state-texapp-2004.