Martinez v. State

48 S.W.3d 273, 2001 WL 273096
CourtCourt of Appeals of Texas
DecidedApril 18, 2001
Docket04-99-00771-CR
StatusPublished
Cited by22 cases

This text of 48 S.W.3d 273 (Martinez 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
Martinez v. State, 48 S.W.3d 273, 2001 WL 273096 (Tex. Ct. App. 2001).

Opinions

[275]*275OPINION

TOM RICKHOFF, Justice.

This appeal requires us to review a sad case. We reach this legal result with some discomfort. As appellate judges we cannot apply our own philosophy of justice, but may only apply the law to the facts of a particular case. After doing so here, we must affirm.

Appellant Andrea Martinez, an eighty-three year old widow, is known in her neighborhood for taking in homeless animals. She was charged with cruelty to animals, and convicted by a jury. See Tex.Pen Code Ann. § 42.09(a)(2) (Vernon Supp.2000). The trial court assessed punishment at one year confinement and fined Martinez one thousand dollars. The trial court probated the sentence and the fine for two years on the condition that Martinez perform one hundred hours of community service at a local animal shelter. Martinez raises five appellate issues.

Sufficiency of the Evidence

In two issues, Martinez challenges the sufficiency of the evidence supporting her conviction. Specifically, Martinez argues that the evidence is legally and factually insufficient to prove she “intentionally or knowingly” withheld care for the animal she called “Lobo.” To review a challenge about the legal sufficiency of the evidence, the court of appeals reviews 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 the offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); Mosley v. State, 983 S.W.2d 249, 254-255 (Tex.Crim.App.1998), cert. denied, 526 U.S. 1070, 119 S.Ct. 1466, 143 L.Ed.2d 550 (1999). In conducting this review, the jury serves as the exclusive judge of the credibility of witnesses and of the weight to be given their testimony; therefore, reconciliation of conflicts in the evidence is within the exclusive province of the jury. Mosley, 983 S.W.2d at 254-255. In a factual sufficiency challenge, the reviewing court reviews all evidence without the prism of “in the light most favorable to the prosecution” and sets aside the verdict only if it is so contrary to the overwhelming weight of evidence as to be clearly wrong and unjust. Clewis v. State, 922 S.W.2d 126, 129 (Tex.Crim.App.1996). After applying these standards here, we find that the evidence is legally and factually sufficient to support the verdict.

Martinez was charged with intentionally and knowingly “fail[ing] unreasonably to provide necessary food, care, or shelter for an animal in [her] custody.” See Tex. Pen. Code Ann. § 42.09(a)(2) (Vernon Supp. 2000). To prove this allegation, the State presented the testimony of Rudy Davila, an animal cruelty investigator for the City of San Antonio. Davila explained that he was asked to investigate a complaint of animal cruelty involving a dog being kept at Martinez’s home. Davila testified that upon arriving at Martinez’s home, he observed several dogs in the back yard, one of which was separated from the others. Davila stated that most of the dogs appeared healthy, but the separated dog was lethargic, non-responsive, and suffering from a severe skin condition. Davila described the dog as having very little hair and open wounds. Davila explained that he could not determine the dog’s skin color because its skin was completely crusted-over. Davila further testified that the dog appeared malnourished, explaining that the dog’s back vertebrae were distinctly visible and the dog’s abdominal wall had a severe tuck. Davila identified the infected dog in several photographs that were admitted into evidence.

[276]*276Davila explained that he questioned Martinez about the dog’s condition. According to Davila, Martinez told him a Mend gave her the dog two years before after trying to cure the dog’s skin condition with flea powder. When questioned about Martinez’s demeanor, Davila indicated that Martinez did not appear upset or worried about the dog. Davila opined that the dog had not received reasonable care, noting the dog did not appear to have been treated for parasitic sareoptie mange. Da-vila explained that he did not smell sulfur on the dog, a scent that would indicate the dog was being treated. Davila stated he decided to seize the dog due to the severity of the dog’s condition. He explained how Martinez signed a consent form, marking it to indicate the dog was “not wanted.” Davila stated that after he took the dog to the animal control facility, a veterinarian decided to euthanize the dog.

The State also presented the testimony of Dr. Robert Granberry, a veterinarian. After examining the photos of the infected dog, Granberry opined that the animal probably had scabies or sareoptie mange in an advanced stage. Granberry explained that sareoptie mange is caused by a microscopic mite, and causes severe itching and hair loss. He described how the disease is debilitating in an advanced stage, causing weight loss and lethargic behavior. Gran-berry stated that the condition was very easy to cure with the right product, typically requiring one or two chemical dips. Granberry further stated that a sulfur product in the proper chemical suspension could treat the condition, but plain sulfur with oil would not help. Granberry opined that it had taken two to five years for sareoptie mange to cause the dog to deteriorate to the condition shown in the photos, but he admitted it could have occurred in six months. Granberry testified that the dog in the photographs had been neglected in its care.

After viewing this evidence in the light most favorable to the verdict, we conclude that a rational jury could have found all elements of the State’s allegation. The evidence demonstrates that an animal in Martinez’s custody did not receive the medical treatment it needed to survive. The decision to euthanize the animal upon its arrival at the shelter shows the unreasonableness of failing to treat the animal. Although Martinez maintains that no evidence of intent or knowledge exists, a jury may infer a culpable mental state from the circumstances surrounding the offense of cruelty to animals. See Pine v. State, 889 S.W.2d 625, 629 (Tex.App.—Houston [14th Dist.] 1994, pet. ref'd). Here, the evidence indicates obvious and severe illness, and a long-neglected need for treatment. Presented with such an obvious need for treatment, a jury could easily infer intent or knowledge. As a result, the evidence is legally sufficient to support the verdict. However, even viewed without the light of the prism of “in the light most favorable to the prosecution,” the evidence is still sufficient.

After the State rested its case, the defense called two witnesses. One of those witnesses, Porfirio Arana, Martinez’s landlord, testified that Martinez rescued and cared for abandoned dogs. He explained that Martinez asked him many times to find out if Granberry would make a house call to vaccinate her dogs, and that he had taken Granberry to Martinez’s home in March 1995 to vaccinate the dogs. Arana explained that he thought Martinez had treated one of her dogs with a home remedy of sulfur and oil.

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Martinez v. State
48 S.W.3d 273 (Court of Appeals of Texas, 2001)

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48 S.W.3d 273, 2001 WL 273096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-state-texapp-2001.