Flores v. State

871 S.W.2d 714, 1993 Tex. Crim. App. LEXIS 197, 1993 WL 500851
Court of Criminal Appeals of Texas·Decided December 8, 1993·No. 71147·Published·Cited by 121 cases

Opinions

OPINION

MALONEY, Judge.

Appellant was convicted of capital murder. TexPenal Code Ann. § 19.03(a)(2). After the jury returned affirmative findings to the two special issues submitted under Tex. Code GrimPboc. Ann. art. 37.071, the trial court imposed the penalty of death. This case is before us on direct appeal. Because appellant challenges the sufficiency of the evidence to support the jury’s affirmative answer to the second special issue, we will briefly review the facts in a light most favorable to the verdict.

In the early morning hours of June 29, 1989, the body of the deceased was found in her automobile. The deceased had been [716] stabbed ten times in the chest and back. The immediate cause of death was a puncture wound to the heart. Upon receiving word that he was wanted for questioning, appellant turned himself in to law enforcement authorities. He did this on the morning the body was found. Appellant gave four tape recorded custodial statements.

At the time of her death, the deceased, a college student, was working during her summer vacation at a video rental store in Borger. After appellant rented a video tape from the store, he returned shortly before closing time, and waited for the deceased near her automobile. When the deceased exited the store, appellant forced her into her automobile, which he then drove to a remote location outside of town where he sexually assaulted her.1 After the assault appellant drove himself and the deceased to the city dump site. There he was seen by the deceased’s father, who was looking for the deceased because she had not come home after work. Although the deceased’s father attempted to apprehend appellant, appellant successfully escaped and drove back to town. According to his statements, appellant parked the automobile, and he and the deceased sat without talking for about ten minutes. Appellant stabbed the deceased with a pocket knife when she began to scream.

In point of error nine, appellant claims the evidence is insufficient to support the jury’s affirmative answer to the second special issue.2 In resolving appellant’s contention we look at all the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could find all of the elements of article 37.071(b)(2) beyond a reasonable doubt. Black v. State, 816 S.W.2d 350, 352 (Tex.Crim.App.1991). “The jury is entitled to consider all the evidence admitted at both phases of trial when deliberating on the special issues.” Id. We have frequently stated that “the circumstances of the offense, if severe enough, may alone be sufficient to support an affirmative answer” to the second special issue. Id. at 355; Roney v. State, 632 S.W.2d 598, 601 (Tex.Crim.App.1982). If the facts of the crime itself are not sufficient to support an affirmative finding, “we look for other evidence to support the jury’s finding, such as psychiatric evidence, character evidence, pri- or criminal record, prior extraneous offenses ... or state of mind at the time of the offense.” Kunkle v. State, 771 S.W.2d 435, 449 (Tex.Crim.App.1986).

The State maintains that the facts of the offense, in addition to other evidence introduced at trial, support the jury’s affirmative response to the second special issue. The State argues that several items seized from the car driven by appellant on the night of the murder, including a brass knuckles-like implement called a “sap glove,” a club, and several bullets, show a propensity for violence. In addition, the State’s psychiatrist, Dr. Clay Griffith testified, based upon a hypothetical substantially tracking the facts of the instant ease, that appellant would be a future danger to society. When asked to give the basis for his opinion, Griffith testified that “this very vicious hideous murder was unprovoked,” and that “people with this type of personality who commit this type of murder are going to be violent again.” Griffith also noted that appellant going to sleep following the offense indicated a lack of conscience. There was no evidence, Griffith testified, from which he could deduce any remorse or concern for the victim on the part of appellant. Griffin stated that the lack of remorse “further adds to this type of personality description, people without conscience. Things don’t bother them. They act for themselves to please themselves no matter what the cost to property or life is.” Finally, Griffith testified that the various items in the [717] automobile driven by appellant constituted further evidence that “violence is going to occur or maybe has occurred and we don’t know about it.... Sooner or later he’s going to be violent. You can’t get worse than what he did except in terms of numbers.”

Free access — add to your briefcase to read the full text and ask questions with AI

Flores v. State, 871 S.W.2d 714, 1993 Tex. Crim. App. LEXIS 197, 1993 WL 500851 (Tex. 1993).

871 S.W.2d 714 (Flores v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Patrick Mark Love v. the State of Texas
Court of Appeals of Texas, 2024
James Logan Diez v. the State of Texas
Court of Appeals of Texas, 2024
David Lee Routt v. the State of Texas
Court of Appeals of Texas, 2023
Brenda Delgado v. the State of Texas
Court of Appeals of Texas, 2021
Alberto Palacio v. State
Court of Appeals of Texas, 2019
Rhomer v. State
569 S.W.3d 664 (Court of Criminal Appeals of Texas, 2019)
Robert Fratta v. Lorie Davis, Director
889 F.3d 225 (Fifth Circuit, 2018)
Andreas Marcopoulos v. State
492 S.W.3d 773 (Court of Appeals of Texas, 2016)
Gerard Reginald Leassear v. State
465 S.W.3d 293 (Court of Appeals of Texas, 2015)
Garcia v. Director, TDCJ-CID
73 F. Supp. 3d 693 (E.D. Texas, 2014)
Ward, Sheldon Aaron
Court of Criminal Appeals of Texas, 2007
Smith v. Texas
550 U.S. 297 (Supreme Court, 2007)
Shane Lee Hale v. State
Court of Appeals of Texas, 2006
Resendez v. State
160 S.W.3d 181 (Court of Appeals of Texas, 2005)
Jones v. State
119 S.W.3d 766 (Court of Criminal Appeals of Texas, 2003)
Benn v. State
110 S.W.3d 645 (Court of Appeals of Texas, 2003)
James Thomas Guymon v. State
Court of Appeals of Texas, 2003
Beeman v. State
86 S.W.3d 613 (Court of Criminal Appeals of Texas, 2002)
Quisenberry v. State
88 S.W.3d 745 (Court of Appeals of Texas, 2002)