Gilbert v. State

494 S.W.3d 758, 2016 Tex. App. LEXIS 2387, 2016 WL 889314
CourtCourt of Appeals of Texas
DecidedMarch 8, 2016
DocketNO. 14-15-00310-CR
StatusPublished
Cited by11 cases

This text of 494 S.W.3d 758 (Gilbert 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
Gilbert v. State, 494 S.W.3d 758, 2016 Tex. App. LEXIS 2387, 2016 WL 889314 (Tex. Ct. App. 2016).

Opinion

OPINION

Martha Hill Jamison, Justice

" A jury convicted appellant Tyrone Louis Gilbert of murder. The trial court sentenced appellant to imprisonment for life in the Institutional Division of the Texas [762]*762Department of Criminal Justice.1 Appellant challenges the sufficiency of the evidence to support his conviction and asserts the trial court erred in charging the jury, denying his motion for new trial, and allowing the State to engage in prejudicial jury argument. We affirm.

I. Sufficiency of the Evidence

In his first three issues, appellant argues the evidence was legally insufficient to prove that he intentionally or knowingly caused the death of the complainant. Specifically, appellant contends the evidence failed to prove (1) he was the person who caused the death of the complainant, (2) the offense was committed intentionally, or (3) the offense was committed knowingly.

Standards of Review

In assessing whether evidence is sufficient to support a conviction, we view all of the evidence in the light most favorable to the verdict and determine, based on that evidence and any reasonable inferences therefrom, whether any rational fact finder could have found the elements of the offense beyond a reasonable doubt. Gear v. State, 340 S.W.3d 743, 746 (Tex.Crim.App.2011) (citing Jackson v. Virginia, 443 U.S. 307, 318-19, 99 S.Ct. 2781, 61 L.Ed.2d 660 (1979)). We may not substitute our judgment for that of the fact finder; rather, we defer to the fact finder to fairly resolve conflicts in testimony, weigh the evidence, and draw reasonable inferences from basic facts to ultimate facts. Isassi v. State, 330 S.W.3d 633, 638 (Tex.Crim.App.2010). If any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, we must affirm. McDuff v. State, 939 S.W.2d 607, 614 (Tex.Crim.App.1997).

As relevant to the facts of this case, a person commits the offense of murder if (1) he intentionally or knowingly causes the death of an individual; or (2) he intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual. Tex. Penal Code § 19.02(b)(1) & (2). A person acts intentionally with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. Tex. Penal Code § 6.03(a). A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. Id, § 6.03(b). Proof of a mental state almost always depends upon circumstantial evidence. Gloede v. State, 328 S.W.3d 668, 676 (Tex.App.-Beaumont 2010, no pet.). Intent to cause death may be inferred from circumstantial evidence such as acts, words, and the conduct of the appellant. See Guevara v. State, 162 S.W.3d 46, 50 (Tex.Crim.App.2004); Williams v. State, 449 S.W.2d 271, 276 (Tex.Crim.App.1969). A jury may infer the intent to kill from the use óf a deadly weapon unless it would not be reasonable to infer that death or serious bodily injury could result from the use of the weapon. Jones v. State, 944 S.W.2d 642, 647 (Tex.Crim.App.1996); Andrews v. State, 09-13-00407-CR, 2014 WL 6984049, at *2 (Tex.App.-Beaumont Dec. 10, 2014, pet. ref'd) (mem. op., not designated for publication). A firearm is a deadly weapon per se. Tex. Penal Code § 1.07(a)(17)(A).

[763]*763In a jury trial, the jury is the- exclusive authority on the credibility of the witnesses and the weight to be given their testimony. Sutton v. State, 469 S.W.3d 607, 614 (Tex.App.-Beaumont 2015, no pet). We give deference to the jury’s responsibility to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences . from basic facts to ultimate facts. Id. Any inconsistencies in the evidence are matters to be weighed by the jury in its determination of guilt or innocence and do not alone render the evidence insufficient. See Amador v. State, 376 S.W.3d 339, 345 (Tex.App.Houston [14th Dist.] 2012, pet. ref'd); see also Kesaria v. State, 148 S.W.3d 634, 641 (Tex. App.-Houston [14th Dist.] 2004) (“[A] decision is not manifestly unjust merely because the jury resolved conflicting views of the evidence in favor, of the State.”), aff'd, 189 S.W.3d 279 (Tex.Crim.App.2006).

The Evidence

Bryan Hebert was shot and killed at the Prince Hall apartment complex on December 13, 2007. Dr. Tommy J. Brown performed the autopsy on Hebert and testified the cause of Hebert’s death was three gunshot wounds to the head “at the hands of another.”

Carlton Alexander testified he was “hanging around” Deshard Starks and George Sallier, who were playing dice when first Herbert, then later, another man who was carrying a bag, approached. Alexander thought the man with the bag was from Louisiana and had past problems with Hebert. Alexander heard shots and thought the shooter “could’ve been” the man with the bag, but he did not see the gun or who fired it. Alexander ran when he heard the first gunshot. Alexander testified that he identified appellant in a lineup as the person with the bag who walked up to the dice game. Alexander then identified appellant in the courtroom.

Sallier was shooting dice when Hebert arrived. Another man Sallier did not know spoke to Hebert. About five minutes later, shots were fired. Sallier testified that neither he, Starks nor Alexander fired a shot, and he did not know who did. Sallier ran when the shooting started. Sallier had heard Hebert had issues with a man named Tyrone from Louisiana who drove a purple Suburban or Tahoe. Sallier identified appellant in a lineup as the person he knew as Tyrone and identified him in the courtroom. '

Natalie Gilbert, appellant’s wife, testified appellant was from Monroe, Louisiana, and drove a purple Tahoe. On the night of the shooting, she was home with her children and appellant. Natalie fell asleep around 9:30 p.m. and .woke up about 1:30 a.m. Appellant was home when she woke up. Later that night, a neighbor knocked on the door and said something had happened to Hebert. Natalie testified that she knew Hebert from the apartment complex but did not personally know him. Natalie knew that appellant and Hebert had problems in the past but she did not believe there was “bad blood” between them. According to Natalie, three or four months before the shooting, Hebert came into her apartment, knocked her down, and took $400.

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Bluebook (online)
494 S.W.3d 758, 2016 Tex. App. LEXIS 2387, 2016 WL 889314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-state-texapp-2016.