Jasso v. State

112 S.W.3d 805, 2003 Tex. App. LEXIS 6662, 2003 WL 21782559
CourtCourt of Appeals of Texas
DecidedJuly 31, 2003
Docket14-02-00747-CR
StatusPublished
Cited by50 cases

This text of 112 S.W.3d 805 (Jasso 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
Jasso v. State, 112 S.W.3d 805, 2003 Tex. App. LEXIS 6662, 2003 WL 21782559 (Tex. Ct. App. 2003).

Opinion

OPINION

KEM THOMPSON FROST, Justice.

Appellant Jaime Antonio Jasso appeals his aggravated-robbery conviction, arguing: (1) the evidence is legally insufficient to support his conviction; (2) a pretrial identification procedure, alleged to have been unduly suggestive, tainted the complainants’ in-court identification of appellant; and (8) appellant was entitled to a mistrial because polygraph examination results were revealed at trial. We affirm.

I. Factual and ProceduRal Background

The complainants, Amanda Cardillo and Catherine Walbom, were robbed at knife-point after leaving a nightclub in the early morning hours. After the establishment had closed, Cardillo and Walbom decided to walk around the block. As they were walking, a red Nissan Pathfinder turned onto the street and parked. Two young Hispanic males emerged from the vehicle and casually approached the women. Holding a knife in his hand, one of the robbers demanded Cardillo’s purse. After Cardillo gave him her purse, she ran about fifty feet away and watched as the same robber, still holding the knife, demanded Walbom’s purse. After Walbom initially resisted, the robber pulled her purse from her shoulder. As the robbers 1 fled in the Pathfinder, Walbom looked at and memorized the vehicle’s license-plate number.

Police traced the license-plate number and discovered the red Pathfinder belonged to appellant’s mother. Police set up a photographic lineup and Cardillo and Walbom separately identified appellant as the robber. Police then arrested appellant. Cardillo and Walbom each identified appellant as the robber a second time at a live lineup and a third time at trial.

At trial, Appellant’s brother, Fernando Jasso, claimed responsibility for the robbery. The jury found appellant guilty, and *808 the trial court sentenced him to fifteen years’ confinement in the Texas Department of Criminal Justice, Institutional Division.

II. Issues Presented

Appellant presents the following issues for appellate review:

(1) Is the evidence legally sufficient to support appellant’s aggravated-robbery conviction?
(2) Did a pretrial identification procedure, alleged to have been unduly suggestive, taint the complainants’ in-court identification of appellant?
(3) Was appellant entitled to a mistrial because the results of a polygraph examination were revealed?

III. Analysis and Discussion

A. Was the evidence legally insufficient to support appellant’s conviction?

In his first issue, appellant argues the evidence is legally insufficient to support his aggravated-robbery conviction for four reasons: (1) the complainants who identified appellant as the robber each consumed alcoholic beverages before the robbery; (2) the accuracy of the complainants’ respective identifications of appellant from the photographic lineups was compromised because appellant’s photograph was in position two in both instances; (3) discrepancies existed between appellant’s physical appearance and the complainants’ description of the robber’s appearance; and (4) appellant testified he did not commit the robbery and appellant’s brother claimed responsibility for the robbery.

In evaluating a legal-sufficiency challenge, we view the evidence in the light most favorable to the verdict. Wesbrook v. State, 29 S.W.3d 103, 111 (Tex.Crim.App.2000). We may not overturn the jury’s verdict unless it is irrational or unsupported by proof beyond a reasonable doubt. Matson v. State, 819 S.W.2d 839, 846 (Tex.Crim.App.1991). The jury, as the trier of fact, “is the sole judge of the credibility of the witnesses and of the strength of the evidence.” Fuentes v. State, 991 S.W.2d 267, 271 (Tex.Crim.App.1999). The jury may choose to believe or disbelieve any portion of the witnesses’ testimony. Sharp v. State, 707 S.W.2d 611, 614 (Tex.Crim.App.1986). When faced with conflicting evidence, we presume the trier of fact resolved conflicts in favor of the prevailing party. Turro v. State, 867 S.W.2d 43, 47 (Tex.Crim.App.1993). Therefore, 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). The question is not whether a rational jury could have entertained a reasonable doubt of guilt, but whether it necessarily would have done so. Swearingen v. State, 101 S.W.3d 89, 96 (Tex.Crim.App.2003).

The essential elements of the felony offense of aggravated robbery as charged in the indictment in this case are: (1) a person; (2) in the course of committing theft; (3) with intent to obtain and maintain control of property; (4) knowingly and intentionally; (6) threatened or placed another in fear of imminent bodily injury or death; and (6) then and there used or exhibited a deadly weapon. See Tex. Pen.Code §§ 29.02(a)(2), 29.03(a)(2); see also Robinson v. State, 596 S.W.2d 130, 132 (Tex.Crim.App.1980). After thoroughly reviewing the evidence, we conclude that a rational trier of fact could have found appellant committed this offense. Two eyewitnesses, Cardillo and Walbom, testified that appellant demanded their purses at knife-point and then absconded with them. The weaknesses in the evi *809 dence to which appellant points do not render the evidence legally insufficient to support his conviction.

1. Did intoxication prevent the witnesses from accurately remembering and recounting the robbery?

Appellant first contends the evidence is legally insufficient because Walbom and Cardillo were probably too intoxicated at the time of the robbery to remember it. In support of this argument, appellant points out that Cardillo and Walbom each consumed numerous alcoholic beverages in the six hours preceding the robbery. 2

Cardillo testified she was slightly intoxicated at the time of the robbery. Cardillo further testified, however, that although she still could feel a little bit of alcohol in her system, it did not affect her ability to observe or recognize the robber. Cardillo could walk in a normal manner and “felt pretty much composed” at the time of the robbery. She indicated that her level of intoxication did not prevent her from accurately remembering and recounting what happened.

The evidence similarly shows that Wal-bom’s memory of events was not compromised either.

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Bluebook (online)
112 S.W.3d 805, 2003 Tex. App. LEXIS 6662, 2003 WL 21782559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jasso-v-state-texapp-2003.