Laster v. State

275 S.W.3d 512, 2009 Tex. Crim. App. LEXIS 5, 2009 WL 80226
Court of Criminal Appeals of Texas·Decided January 14, 2009·No. PD-1276-07·Published·Cited by 1,611 cases

Opinions

OPINION

KEASLER, J.,

delivered the opinion of the Court

in which KELLER, P.J., MEYERS, WOMACK, and HERVEY, JJ., joined.

Tommy G. Laster appealed his conviction, claiming that the evidence was legally and factually insufficient. When reviewing the legal sufficiency of the evidence, the Forth Worth Court of Appeals stated that circumstantial evidence of intent is reviewed less rigorously than other elements of an offense.1 This statement is incorrect. We, however, uphold Laster’s conviction because the evidence is legally and factually sufficient.

I. Background

After buying eggs for their mother at a convenience store on January 30, 2005, B.T., who was eight, and her brother, who was ten, began to walk home. While walking on the sidewalk, B.T. pushed a bicycle, and her brother walked beside her. The children saw a man, carrying a closed umbrella, walking toward them. To allow the man to pass, the children leaned against a fence next to the sidewalk. Instead of passing by, the man grabbed B.T.’s arm. [516] The man then put his arm around B.T.’s waist and tried to pull her away. B.T. let go of the bicycle and yelled for help. Her brother grabbed her hand, and a tug of war over B.T. ensued. The man abruptly let go of B.T. when a driver honked the car’s horn. The man then continued to walk down the sidewalk toward the store. The children ran home and told their mother that a man tried to take B.T.

B.T.’s mother reported the incident to the police. Later that day, B.T.’s mother saw a man walking down the street. The man, Tommy G. Laster, looked like the man that B.T. had described to the police. B.T.’s mother called the police and continued to follow Laster. The police arrived and arrested Laster based, in part, on the children identifying him as the man who grabbed and pulled B.T. After the police arrested Laster, he gave a written statement describing what happened:

While [the children] were coming toward me, the voices in my head started telling me that I would be better off dead. As I got closer to the kids and I was watching them, the voices in my head told me to grab the little girl. The voices were telling me to “Get her, get her.” I grabbed her using my right arm around her waist. I saw her long hair and the side of her face. I also saw the little boy next to her. That is when I realized that I needed to let go of her because she was a little girl and I knew how that would look to the cars going by. I was thinking to myself, “Did I actually grab her in the broad daylight with all of this traffíc[?] I must be nuts.” She looked at me. She looked scared and wide eyed. I let her go and hurried my pace to get to the store....

Laster was charged with injury to a child and attempted aggravated kidnapping. The jury convicted him of both counts, and the trial judge sentenced Last-er to twenty years’ confinement for injuring a child and forty years’ confinement for attempting to kidnap B.T.

On appeal to the Forth Worth Court of Appeals, Laster challenged only his eonviction for attempted aggravated kidnapping.2 He alleged that the evidence was legally and factually insufficient to prove that he had the intent to abduct B.T.3 To prove that Laster had the intent to abduct B.T., the State had to show that Laster specifically intended to secrete or hold B.T. “in a place where [s]he [was] not likely to be found; or us[ed] or threatened] to use deadly force.”4 The court of appeals agreed with Laster that there was no evidence that he attempted to use deadly force.5 But the court of appeals affirmed Laster’s conviction, holding that the evidence was legally and factually sufficient to prove that Laster had the intent to hold or secrete B.T. in a place where she was unlikely to be found.6 Deferring to the jury’s finding, the court rejected Laster’s argument that grabbing B.T. in a public place showed that he did not intend to take her anywhere.7 Rather, the court held that the “very brazenness and public nature of [Laster’s] actions” could lead a reasonable jury to infer that Laster did intend to take B.T.8 The jury was also free [517] to reject Laster’s argument that his confession showed his intent only to grab B.T.9 In the court’s view, the jury could have reasonably inferred that Laster tried to isolate B.T. from her brother and abandoned his plan only when he realized the risk of being caught.10

In dissent, Justice Dauphinot concluded that there was no evidence of Laster’s intent to take B.T.11 She said that there were other reasonable explanations for why Laster grabbed B.T.12 For example, he wanted to steal her bicycle or sexually abuse her on the sidewalk.13 Given these other explanations, Justice Dauphinot criticized the majority for holding that a reasonable factfinder could infer that Laster intended to hold or secrete B.T. in a place that she was unlikely to be found.

Laster filed a petition for discretionary review, contending that the court of appeals applied an incorrect standard of review by affording too much deference to the jury’s fact determination when evaluating the circumstantial evidence of intent. Laster also asked us to adopt Justice Dau-phinot’s view that the evidence was legally and factually insufficient to support his conviction. We granted review and now affirm the court of appeals’s judgment.

II. Sufficiency Standards of Review

A. Legal Sufficiency

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Laster v. State, 275 S.W.3d 512, 2009 Tex. Crim. App. LEXIS 5, 2009 WL 80226 (Tex. 2009).

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