Henson v. State

794 S.W.2d 385, 1990 WL 132042
CourtCourt of Appeals of Texas
DecidedNovember 21, 1990
Docket05-89-00220-CR
StatusPublished
Cited by14 cases

This text of 794 S.W.2d 385 (Henson 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
Henson v. State, 794 S.W.2d 385, 1990 WL 132042 (Tex. Ct. App. 1990).

Opinions

OPINION

STEWART, Justice.

Lee Everette Henson appeals his jury conviction for the offense of murder. The jury assessed punishment at seventy-five years’ confinement. In seven points, appellant contends that: (1) the evidence is insufficient to support his conviction; (2) the admission of the oral statement allegedly made by him while in custody constituted error; (3) the admission of his oral statements made to arresting officers was erroneous because the statements were the product of custodial interrogation or its functional equivalent; (4) the admission of his written statement constituted error because he did not make the statement freely and voluntarily; (5) the admission over objection at the punishment hearing of evidence concerning an unadjudicated offense involving assaultive conduct constituted reversible error; (6) the admission of a letter during the punishment hearing constituted reversible error since it revealed the nature and circumstances surrounding the plea negotiations; (7) the admission of a letter during the punishment hearing constituted reversible error since it revealed to the jury an extraneous offense and other matters not permitted by statute. We affirm appellant’s conviction, but we reverse and remand the case to the trial court for further proceedings as to punishment.

FACTS

Angela Stevens, the sixteen-year-old decedent, sneaked out of her bedroom on the night in question to meet appellant, whom she dated from time to time. Appellant, Angela, Stacia Morris, Rodney Kiser, and John Shores drove to Tickey Creek Park at Lake Lavon, where they drank wine coolers. Appellant and Angela injected methamphetamine; appellant also took mescaline. Everyone except appellant was in a [388]*388good mood, and, after a while, appellant and Angela began to argue. Appellant and Angela stayed at the park while Kiser and Shores took Morris home. Appellant and Angela later saw Shores and Kiser, who wanted to go to a field in Altoga to look for marijuana. At some point after they arrived at the field, Angela was shot and beaten on the face; her body was discovered in the field eleven days later. Shores and Kiser turned themselves in, and each made a written statement implicating appellant in Angela’s murder. Officers then obtained an arrest warrant and took appellant into custody. Appellant signed a written statement admitting his involvement in the murder, and he later told Billy Hugh Chandler, a family friend with whom appellant had lived off and on, that he had shot Angela.

GUILT/INNOCENCE

In his first point, appellant complains that the evidence is insufficient to sustain his conviction. Specifically, appellant contends that neither the written statement nor the alleged oral statement to Billy Chandler were admissible and that, without them, there is insufficient evidence to support his conviction for the offense of murder. This specific contention is based on a false premise. In determining the sufficiency of the evidence, we must consider all evidence, whether or not properly admitted. Deason v. State, 786 S.W.2d 711 (Tex.Crim.App.1990). With this rule in mind, we consider the sufficiency of the evidence to support appellant’s conviction.

In the indictment, appellant was charged with offenses contained in section 19.02(a)(1) and (2) of the Texas Penal Code, which provide in pertinent part:

(a) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual; [or]
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; ...

In reviewing the sufficiency of the evidence, this Court’s inquiry is limited to determining whether, viewing the evidence in the light most favorable to the verdict, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979); Girard v. State, 631 S.W.2d 162, 163 (Tex.Crim.App.1982). A reviewing court must position itself as a final due process safeguard, ensuring only the rationality of the fact finder. Moreno v. State, 755 S.W.2d 866, 867 (Tex.Crim.App.1988). The fact finder’s verdict must stand unless it is found to be irrational or unsupported by more than a “mere modicum” of evidence. Id.

In a written statement and in an oral statement to Billy Chandler, appellant admitted shooting Angela. In the written statement, appellant also admitted that he, Shores, and Kiser had planned to kill Angela since sometime in June, 1988 and that on July 6, 1988 everything worked out to kill her that day. He further described the details of the killing and his participation in it. In addition to this evidence, the record reflects the following facts. Karen Stevens, Angela’s mother, testified that on the night in question she heard a loud vehicle at the end of the road. Angela was not in her room the next morning. Investigators Denison and Norton later found a note in Angela’s room that she had written, saying that she was with Shores and that she was going to meet appellant at the end of the road.

Morris, appellant’s friend, testified that she was with Angela, appellant, Shores, and Kiser for about four hours on the night in question. They went to Tickey Creek Park at Lake Lavon and drank wine coolers. Everyone except appellant was in a good mood; appellant “was just kind of there—he was moody.” After a while, appellant and Angela appeared to be arguing. About 4:00 a.m., Kiser and Shores took Morris home; appellant and Angela stayed at the park. Morris never saw Angela again.

Billy Chandler testified that the shotgun that killed Angela was his, that he kept the shotgun in his son’s room, and that appellant shared this room with his son when [389]*389appellant lived with the Chandlers from time to time over the years. John David Chandler, Billy Chandler’s son, testified that he looked for the shotgun after appellant was arrested, but it was gone. John Chandler and another witness testified that appellant said that he was going to kill Angela because she was a “narc”.

Appellant testified in his own behalf. Appellant testified that he often did drugs, that his drug situation during the month that Angela was killed was “pretty bad”, and that he frequently could not remember things. On the day in question, appellant woke up, took methamphetamine, and could not remember anything until he met Shores and they decided to meet Angela to buy drugs. Shores told appellant that he could get some money from his stepfather to buy drugs if he killed a cat that lived next door, so appellant and Shores went to the Chandler house and appellant spoke to Billy Chandler while Shores took the shotgun and put it in appellant’s truck.

Appellant further testified that, when Shores and appellant picked up Angela on the night in question, she had methamphetamine and mescaline. Morris suggested that they go to Tickey Creek Park, where they drank wine coolers.

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Henson v. State
794 S.W.2d 385 (Court of Appeals of Texas, 1990)

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794 S.W.2d 385, 1990 WL 132042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henson-v-state-texapp-1990.