Jackson v. State

772 S.W.2d 575, 1989 Tex. App. LEXIS 1886, 1989 WL 79313
Court of Appeals of Texas·Decided June 28, 1989·No. No. 2-87-202-CR·Published·Cited by 5 cases

Opinion

OPINION

JOE SPURLOCK, II, Justice.

Marshall Jackson, Jr., appellant, was charged with aggravated robbery with a deadly weapon. See TEX.PENAL CODE ANN. sec. 29.02 and sec. 29.03 (Vernon 1989). The jury found appellant guilty, and the judge sentenced him to forty years in the Texas Department of Corrections.

Appellant raises three points of error: (1) the trial court erred in granting appellant’s request to represent himself because his waiver of the right to be represented by counsel was not knowing and intelligent; (2) the evidence is insufficient to support appellant’s conviction for aggravated robbery; and (3) the evidence is insufficient to support an affirmative finding of a deadly weapon.

We affirm.

At approximately 5:30 p.m. on August 1, 1988, Paul Nwachukwu (Paul), a taxi driver for the West End Cab Company, was approached by a woman at the Trailways Bus Station in Dallas. She first asked Paul to radio Mr. George, whom she represented was her brother, and indicated also worked for West End Cab Company. Paul contacted his dispatcher, but no one was aware of anyone by that name working for the company. The woman then asked if Paul would drive her and her new husband (appellant) to Fort Worth, which he agreed to do.

The woman sat in the front and appellant sat behind her. The woman directed Paul along Interstate 30 and Loop 820 to a dead-end street somewhere in east Fort Worth. Apart from directions given by the woman, there was no conversation. When Paul stopped the car and asked to be paid the amount indicated by his meter, the woman asked appellant for the money she had given him. At that point she and appellant left the cab and had a discussion behind the car. They then came back to Paul, and appellant asked him if he had change for $100.00. He responded that he could take them to a nearby store to get change. At that point, the woman snatched the car keys from the ignition and when Paul asked for them back the woman reached into Paul’s breast pocket and removed $160.00. Paul attempted to catch the woman and it was at this point that appellant stepped between them and accused Paul of [577]*577trying to cheat them. The woman made the same accusation. As he blocked Paul’s way, appellant opened his suit coat and “was about to draw” a handgun, the upper part of which was visible to Paul. Appellant had his hand on the gun. He stated “this is the type of thing that will get you shot.” The woman pleaded with appellant not to “bust” Paul and ordered him (Paul) to sit down. Paul testified he was “terrible scared” and thought “the end” was near.

The woman and appellant drove off in Paul’s taxi, with the woman behind the wheel and appellant next to her. According to Paul, he let them drive off because he was trying to save his life. By his second point of error, appellant argues the evidence is insufficient to support his conviction for aggravated robbery. He contends the State did not prove he was aware of everything that the woman had done and is therefore not guilty of robbery. He argues there is no evidence the gun was ever pulled and pointed at Paul and for these reasons the evidence is insufficient to support a conviction for aggravated robbery. He also contends he was simply protecting his female companion from another man.

In reviewing the sufficiency of the evidence to support a conviction, the evidence is viewed in the light most favorable to the verdict. See Flournoy v. State, 668 S.W.2d 380, 383 (Tex.Crim.App.1984). The critical inquiry is whether, after so viewing the evidence, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Bonham v. State, 680 S.W.2d 815, 819 (Tex.Crim.App.1984), cert. denied, 474 U.S. 865, 106 S.Ct. 184, 88 L.Ed.2d 153 (1985); Wilson v. State, 654 S.W.2d 465, 471 (Tex.Crim.App.1983) (opinion on reh’g).

The sufficiency of the evidence is a question of law. The issue on appeal is not whether we as a court believe the prosecution’s evidence or believe that the defense evidence “outweighs” the State’s evidence. See Wicker v. State, 667 S.W.2d 137, 143 (Tex.Crim.App.), cert. denied, 469 U.S. 892, 105 S.Ct. 268, 83 L.Ed.2d 204 (1984). If there is evidence which establishes guilt beyond a reasonable doubt, and if the trier of fact believes that evidence, we are not in a position to reverse the judgment on sufficiency of the evidence grounds. See id.

Under the Texas Penal Code, a person commits robbery if, in the course of committing theft as defined in chapter 31 of the Texas Penal Code and with intent to obtain or maintain control of the property he intentionally or knowingly threatens or places another in fear of imminent bodily injury or death. See TEX.PENAL CODE ANN. sec. 29.02(a). Also, under the Texas Penal Code, a person commits aggravated robbery if he commits robbery as defined under section 29.02 of the code and he uses or exhibits a deadly weapon. See TEX.PENAL CODE ANN. sec. 29.03(a).

Appellant was charged with aggravated robbery, committed alone or as a party with his woman companion.

Appellant was identified by Paul. During the incident, $160.00 was taken from Paul by appellant’s companion. This was after appellant asked Paul if he had change for $100.00. As Paul attempted to pursue appellant’s companion appellant stepped in front of him and exhibited a weapon, preventing any further action on Paul’s part to regain his property. Paul feared for his life. In his words: “I was terrible scared. I thought that was the end of it.”

Clearly, the jury could have found the elements of aggravated robbery beyond a reasonable doubt from the evidence before it. Appellant in the course of committing theft, with intent to maintain control of Paul’s property, knowingly and intentionally placed him in fear of imminent bodily injury or death, through exhibition of a deadly weapon.

Appellant’s contention that he was simply protecting his female companion from another man lacks credence. The evidence shows he was protecting her from their victim’s attempt to regain his property which she had just taken.

The conference outside the victim’s hearing, the request for change for $100.00, the theft of the money from the victim following immediately thereafter, combined with [578]*578appellant’s immediate intercession between his companion and the victim as the victim attempted to regain his property, taken along with the fact that both escaped in the victim’s cab, belie appellant’s hypothesis that he was merely protecting his companion from another man.

In making the determination of whether appellant participated in the crime, the jury can examine events before, during, and after the commission of the offense, including actions which show an understanding or common design to do a certain act. Harris v. State, 645 S.W.2d 447, 457-58 (Tex.Crim.App.1983). Appellant’s second point of error is overruled.

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Jackson v. State, 772 S.W.2d 575, 1989 Tex. App. LEXIS 1886, 1989 WL 79313 (Tex. Ct. App. 1989).

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