Ledbetter v. State

208 S.W.3d 723, 2006 Tex. App. LEXIS 10040, 2006 WL 3359386
CourtCourt of Appeals of Texas
DecidedNovember 21, 2006
Docket06-05-00221-CR
StatusPublished
Cited by21 cases

This text of 208 S.W.3d 723 (Ledbetter 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
Ledbetter v. State, 208 S.W.3d 723, 2006 Tex. App. LEXIS 10040, 2006 WL 3359386 (Tex. Ct. App. 2006).

Opinion

OPINION

Opinion by

Justice ROSS.

Crystal Gayle Ledbetter 1 was found guilty by a Harrison County jury of capital murder, acting as a party to the offense. 2 The State’s evidence showed that, on December 14, 2004, Roger Dale Sanders was stabbed multiple times in the course of being robbed. The evidence further showed that James Box, Ledbetter’s common-law husband, had set fire (with Sanders’ body inside) to Sanders’ truck. Ledbetter’s punishment was automatically assessed at imprisonment for life. See Tex. Penal Code Ann. § 12.81(b) (Vernon Supp.2006). In Ledbetter’s initial appeal, in two points of error, she challenges the factual sufficiency of the evidence, and in a third point, she challenges the admission of certain specific evidence. In her supplemental brief, 3 Ledbetter raises two additional issues: that the trial court erred in overruling an objection to the State’s closing argument and that the evidence is legally insufficient to show she is guilty of capital murder, as opposed to murder. We affirm the trial court’s judgment.

I. Factual Sufficiency of the Evidence to Corroborate the Accomplice Witness’ Testimony

In her second point of error, Ledbetter contends we should reverse her conviction for capital murder because there is insufficient corroboration of the testimony of the accomplice witness (her common-law husband), James. 4 The State counters that it “went above and beyond” the minimum proof required for corroboration by Article 38.14 of the Texas Code of Criminal Procedure. James’ testimony made out a complete case against Ledbetter for her involvement as a party to the murder committed in the course of a robbery. 5

A. The Applicable Law and the Standard of Review

“A conviction cannot be had upon the testimony of an accomplice unless cor *727 roborated by other evidence tending to connect the defendant with the offense committed; and the corroboration is not sufficient if it merely shows the commission of the offense.” Tex.Code CRiM. Pkoc. Ann. art. 38.14 (Vernon 2005). While required by neither common law nor our state and federal constitutions, Article 38.14’s codification reflects the Texas Legislature’s determination that accomplice-witness testimony implicating another “should be viewed with some level of caution.” Gill v. State, 873 S.W.2d 45, 48 (Tex.Crim.App.1994); see also Brown v. State, 159 S.W.3d 703, 707 (Tex.App.-Texarkana 2004, pet. ref'd), cert. denied, — U.S. —, 126 S.Ct. 485, 163 L.Ed.2d 369 (2005) (discussing covert witness rule of Article 38.141 and its parallels to Article 38.14’s accomplice-witness rule). Article 38.14 requires the corroboration of accomplice-witness testimony, but there is no exact rule as to the amount of evidence required for corroboration. Dowthitt v. State, 931 S.W.2d 244, 249 (Tex.Crim.App.1996). “All that is required is that there be some non-accomplice evidence which tends to connect the accused to the commission of the offense alleged in the indictment.” Gill, 873 S.W.2d at 48 (emphasis added); and cf. Jeffery v. State, 169 S.W.3d 439, 448 (Tex.App.-Texarkana 2005, pet. ref'd) (applying similar analysis for corroboration of covert witness testimony); Brown, 159 S.W.3d at 707-08. Such evidence may be either direct or circumstantial. Reed v. State, 744 S.W.2d 112,126 (Tex.Crim.App.1988).

The test for weighing the sufficiency of corroborating evidence is to eliminate from consideration the accomplice’s testimony, and then examine the remaining testimony and evidence to determine if there is evidence that tends to connect the defendant with the commission of the offense. Munoz v. State, 853 S.W.2d 558, 559 (Tex.Crim.App.1993); Reed, 744 S.W.2d at 125; Hall v. State, 161 S.W.3d 142, 149 (Tex.App.-Texarkana 2005, pet. ref'd). The nonaccomplice testimony does not have to directly link the accused to the crime, it alone need not establish guilt beyond a reasonable doubt, and it need not prove all the elements of the alleged offense. Gill, 873 S.W.2d at 48; Munoz, 853 S.W.2d at 559; Reed, 744 S.W.2d at 126; Jeffery, 169 S.W.3d at 448. The accused’s presence at the scene of the crime is, by itself, insufficient to corroborate an accomplice’s testimony. However, “evidence that an accused was in the company of the accomplice close to the time of the offense, coupled with other suspicious circumstances, may tend to connect the accused to the offense.” Gill, 873 S.W.2d at 49; see also Reed, 744 S.W.2d at 127; Jeffery, 169 S.W.3d at 447; Brown, 159 S.W.3d at 708. Moreover, while evidence that addresses only motive or opportunity to commit the crime is, by itself, insufficient to corroborate the accomplice-witness testimony, motive or opportunity evidence may be considered in conjunction with other evidence tending to connect the accused to the crime. Reed, 744 S.W.2d at 127. “Cumulative evidence of ‘suspicious circumstances’ may be sufficient even if none of the circumstances would be sufficient individually.” Jeffery, 169 S.W.3d at 447; see also Brown, 159 S.W.3d at 708. In the end, every case “must be considered on its own facts and circumstances — on its own merit.” Munoz, 853 S.W.2d at 559; see also Reed, 744 S.W.2d at 126.

In this case, Ledbetter admitted she was nearby when James killed and robbed Sanders. Ledbetter, however, denied robbing Sanders or wielding the knife used to kill Sanders. Instead, Ledbetter contends her involvement was limited to fleeing the initial scene of the crime and subsequently helping James destroy other physical evidence.

*728 B. The State’s Witnesses’ Testimony, Exclusive of James

The nonaccomplice witness testimony concerning the capital murder charge came from several witnesses, including Ledbetter, herself. We will now turn to the relevant testimony of each of those witnesses to determine if such evidence tends to connect Ledbetter to the underlying crime in a greater sense than her mere presence at the scene of the underlying robbery.

1. Allen Peteet

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Bluebook (online)
208 S.W.3d 723, 2006 Tex. App. LEXIS 10040, 2006 WL 3359386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ledbetter-v-state-texapp-2006.