Crooks v. State

677 S.W.2d 768, 1984 Tex. App. LEXIS 6452
CourtCourt of Appeals of Texas
DecidedSeptember 12, 1984
DocketNo. 04-81-00312-CR
StatusPublished

This text of 677 S.W.2d 768 (Crooks 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
Crooks v. State, 677 S.W.2d 768, 1984 Tex. App. LEXIS 6452 (Tex. Ct. App. 1984).

Opinions

ON STATE’S MOTION FOR REHEARING EN BANC

CADENA, Chief Justice.

The State’s motion for rehearing is granted. Our previous opinion is withdrawn and the following is substituted therefor.

A jury found appellant, Lawrence Crooks, guilty of burglary of a building and the trial court sentenced him to 15 years’ imprisonment.

Appellant’s sole contention is that the evidence is insufficient to support the conviction.

The fact that the State relies solely on circumstantial evidence is irrelevant insofar as the standard for evaluation of the evidence is concerned. The appellate court will, whether the evidence is direct or circumstantial, review the evidence in the light most favorable to the verdict or judgment. Houston v. State, 663 S.W.2d 455, 456 (Tex.Crim.App.1984); Wilson v. State, 654 S.W.2d 465, 467 (Tex.Crim.App.1983). While it is true that in circumstantial evidence cases our courts have often said that such evidence is not sufficient to support a conviction unless it excludes every reasonable hypotheses except that of defendant’s guilt, it is clear that the application of that formula cannot be restricted to circumstantial evidence cases. No one would seriously argue that direct evidence can be held sufficient to support a conviction unless it is sufficient to exclude all reasonable hypotheses except that of defendant’s guilt. Unless, for example, direct evidence is sufficient to exclude the hypothesis that some person other than the defendant committed the offense, the evidence necessarily falls short of establishing the guilt of defendant beyond a reasonable doubt. Whether the evidence be direct or circumstantial, the standard, as pointed out in Wilson, supra, is whether any rational trier of fact could [770]*770have found that defendant was guilty beyond a reasonable doubt. 654 S.W.2d at 471.

The burglary in question, during which a safe was removed from the building, took place in San Antonio, according to the indictment, on or about April 7, 1980. It was discovered during the early morning hours of that day, which was the Monday following Easter Sunday. The burglary occurred between 5:00 P.M. Friday, April 4, and the time it was discovered early Monday, April 7. There is no evidence tending to establish the identity of the burglar or burglars, and San Antonio police officers were unable to lift any fingerprints at the scene. The safe in question was recovered in Houston the following day, Tuesday, April 8, 1980, at about 4:30 A.M. The evidence is clearly sufficient to establish that the burglary occurred and that the safe found in Houston was the safe taken during the burglary. The sole question concerns the sufficiency of the evidence to support, beyond a reasonable doubt, the guilt of appellant.

THE STATE’S EVIDENCE

At about 4:30 A.M. Tuesday, April 8, Officer Quintano, of the Houston Police Department, was on routine patrol, driving south on Jensen Avenue. As he came to the intersection of Jensen and Foote Street, he saw a “bobtail” Ryder truck parked on Foote Street. He decided to investigate because some stolen Ryder trucks had been found abandoned in the area. There are no street lights on Foote, and the truck was parked in a bushy area.

Quintano turned into Foote Street, with the headlights and spot light on his patrol car turned on. He saw a safe on the ground behind the truck and saw appellant standing directly at the side of the safe. Appellant began to walk away from the safe, disregarding the officer’s instruction to stop. The officer left the car and caught up with appellant and grasped him by the arm. Appellant said he was waiting for a bus. Quintano pointed out that buses stopped running at 2:00 A.M. and that no buses ran on Foote Street. Appellant then said, “I had nothing to do with it.” When the officer asked what appellant was “talking about” appellant did not answer and made no further statements to Officer Quintano. The officer then placed appellant in the back seat of the patrol car. As he was doing so, he saw a man emerge from the cab of the truck and crawl under the truck. He apprehended this person and placed him in the back seat of the patrol car.

At the time the officer approached appellant he noticed that appellant was sweating freely and that appellant's clothing was muddy and had white “powdery insulation type material” on it.

After Quintano had placed the second man in the patrol car he walked to the truck and safe and noted that the bottom of the safe had been “broken out.” The back doors of the truck were open and, in the rear of the truck, Quintano found the bottom of the safe, a chain, tools and “debris.”

Photographs admitted in evidence show that the entire bottom of the safe had been removed. Photographs of the rear of the truck show the bottom of the safe, a tennis shoe, a chain, and debris and tools, including what appears to be a small pick-axe.

According to the State’s evidence, there are no bus stops closer than two blocks from the intersection of Jensen and Foote. The truck was parked in a muddy area about 100 feet from the intersection and appeared to be stuck in the mud.

Officer Gold, who arrived with other officers at the scene at about 4:45 A.M. in response to Quintano’s radio report concerning his location and activity, saw the safe on the ground and noted that its bottom had been “opened.” He also saw the safe bottom and the tools in the rear of the truck.

Appellant was taken to the police station and then to the police laboratory where Workington, a police toxicologist and chemist, asked him to remove his clothes. An examination of appellant’s clothes and body [771]*771was made by Workington who found, on appellant’s jeans, chips of paint, pieces of mica and pieces of metal, including a brass-colored spherical object which Workington described as being similar to a “welder’s slag.”

The paint found on appellant’s jeans matched samples of paint which Working-ton obtained from the back of the truck and the bottom of the safe where entry had been made.

Workington testified that the amount of “debris found on appellant’s clothing, particularly the debris found in the pocket of appellant’s jeans could not result from appellant’s merely touching or pushing the safe.” He said that in his professional opinion based on his scientific training, in order for so much debris to find its way to appellant’s clothing, it would have been necessary for appellant to have been working on the bottom of the safe at the point at which entry had been made.

Similar, but significantly less, debris was found on the clothing of the other person who had been apprehended after he jumped out of the cab of the truck and crawled under the truck.

TESTIMONY FOR THE DEFENSE

Appellant, his wife, his mother and an aunt all testified that the four of them had had Easter dinner at about 10:30 A.M. in Houston at the home of appellant’s mother, with whom appellant and his wife lived. Appellant and his wife then drove the aunt to the home of a niece in appellant’s car. Appellant’s wife testified that she and appellant were together all day on Easter Sunday, April 6, 1980. After dropping off the aunt, she and appellant visited various relatives and returned home at about 6:00 P.M.

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Cite This Page — Counsel Stack

Bluebook (online)
677 S.W.2d 768, 1984 Tex. App. LEXIS 6452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crooks-v-state-texapp-1984.