Luis Miguel Hernandez v. State

508 S.W.3d 737, 2016 Tex. App. LEXIS 11931, 2016 WL 6525491
CourtCourt of Appeals of Texas
DecidedNovember 3, 2016
DocketNO. 02-14-00498-CR
StatusPublished
Cited by1 cases

This text of 508 S.W.3d 737 (Luis Miguel Hernandez 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
Luis Miguel Hernandez v. State, 508 S.W.3d 737, 2016 Tex. App. LEXIS 11931, 2016 WL 6525491 (Tex. Ct. App. 2016).

Opinions

OPINION

LEE ANN DAUPHINOT, JUSTICE

A jury convicted Appellant Luis Miguel Hernandez of murder and assessed his punishment at fourteen years’ confinement. The trial court sentenced him accordingly. In three points, Appellant challenges the sufficiency of the evidence to support the verdict and argues that the trial court reversibly erred by including a jury instruction on provoking the difficulty and by overruling his objection to the State’s use of a racial slur in final argument. Although the evidence is sufficient to support Appellant’s conviction, the trial court reversibly erred by overruling his objection to the State’s final argument. We, therefore, reverse the trial court’s judgment and remand this case to the trial court.

Brief Facts

Quionecia Barber was visiting Devin To-ler, the complainant, and them nineteen-month-old daughter in an upstairs apartment at the Wildwood Branch apartment complex. Toler was engaged in a sexual relationship with Mary, his boss at the Subway Shop where he worked. Mary lived downstairs with her husband, Appellant, and their children. Mary and Toler’s relationship had become common knowledge, and Appellant reacted with growing anger toward Toler, yelling at him whenever he saw him. Toler was taller than Appellant. But Toler’s mother was concerned and told him to call the police and not to go outside alone.

On the day Toler was killed, Appellant took a small bag of trash to the dumpster. When he saw Toler on the basketball court, Appellant started yelling at him. Toler got upset and started to walk toward Appellant. Quionecia yelled at the men to stop because her daughter was there. At trial, Quionecia testified that Appellant said, “Fuck that bitch, no one cares about her.” While Quionecia testified that she remembered telling the police what Appellant had said about her daughter, she also admitted that the audiotape of her interview with the police recorded on the night Toler was killed did not include that information.

Toler left the basketball court, ran toward Appellant, and started to fight. When the fight began, the little girl ran off, and Quionecia went to get her. When Quionecia came back to the men, from her angle, it looked like Toler was hitting more. When the fight ended, Appellant walked toward his apartment, and Toler fell to the ground. Quionecia ran to him and saw a gash above his left chest.

Appellant came back outside and said, “This is what happens when you mess with me.” His children and Mary got in the car and left. Then Appellant went over to To-ler and Quionecia, knelt and put water from a water bottle on Toler’s face, and asked him to get up. Appellant said he was [741]*741sorry and that it should not have gone that far. He said, “I’m sorry, he was choking me. I didn’t have a choice.”

Appellant had a knife during the offense. Although it is referred to as a butter knife in the record, it was actually a place knife or table knife. “A table knife is an item of cutlery with a single cutting edge, and a blunt end—part of a table setting. Table knives are typically of moderate sharpness only, designed to cut prepared and cooked food.”1

A butter knife, on the other hand, is much smaller.

[A] butter knife (or master butter knife) is a sharp-pointed, dull-edged knife, often with a sabre shape, used only to serve out pats of butter from a central butter dish to individual diners’ plates. Master butter knives are not used to spread the butter onto bread .... Individual butter knives have a round point, so as not to tear the bread, and are sometimes termed butter spreaders.2

State’s Exhibit 8 is a photograph of the knife. It is clearly a table knife or place knife. To avoid confusion, we shall refer to it simply as a knife.

Sufficiency of the Evidence

In his first point, Appellant argues that the evidence is insufficient to support the jury’s verdict because the evidence of self-defense precluded his conviction.3 A defendant has the burden of producing some evidence to support a claim of self-defense.4 The State has the burden of persuasion in disproving self-defense.5 This burden does not require the State to produce evidence refuting the self-defense claim; rather, the burden requires the State to prove its case beyond a reasonable doubt.6 Self-defense is an issue of fact to be determined by the jury.7 A jury verdict of guilty is an implicit finding rejecting the defendant’s self-defense theory.8

In reviewing the sufficiency of the evidence to support the jury’s rejection of Appellant’s self-defense theory, we examine all of the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found the essential elements of murder and also could have found against him on the self-defense issue beyond a reasonable doubt.9

The State argues that the evidence of self-defense is inadequate because Appellant did not testify but relied on the testimony of others who did not support his self-defense claim. Appellant was not required to testify in order to rely on a self-defense justification.10 Quionecia told [742]*742the police that Appellant had told her that Toler had been choking him and that he had had no choice but to stab Toler. Appellant sufficiently raised the issue of self-defense.11 But the fact that he sufficiently raised the issue so that he could rely on that issue does not mean he will necessarily prevail.12

The State relied, at least in part, on evidence provoking the difficulty to defeat Appellant’s self-defense claim. When a defendant has spoken words reasonably calculated to provoke the complainant’s attack on the defendant, the provocation doctrine may preclude the assertion of the self-defense justification or may support a jury’s finding defeating the self-defense claim.13

The jury, as trier of fact, was free to believe that Appellant’s words were insufficient to provoke the difficulty, that Toler’s response was excessive in light of the provocation, that Appellant’s words were sufficient to provoke the difficulty, that Toler’s response was not excessive in light of the provocation, or that Appellant’s response to Toler’s attack was excessive because he met non-deadly force with deadly force. The jurors were also free to consider that Appellant had a knife on his person.14

Applying the appropriate standard of review, we hold the evidence sufficiently supported the jury’s verdict. We overrule Appellant’s first point.

Jury Instruction on Provoking the Difficulty

In his second point, Appellant contends that the trial court erred by overruling his requested charge and applying the law of provocation. In our review of a jury charge, we first determine whether error occurred; if error did not occur, our analysis ends.15

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Related

Hernandez v. State
538 S.W.3d 619 (Court of Criminal Appeals of Texas, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
508 S.W.3d 737, 2016 Tex. App. LEXIS 11931, 2016 WL 6525491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luis-miguel-hernandez-v-state-texapp-2016.