Martinez v. State

867 S.W.2d 30, 1993 Tex. Crim. App. LEXIS 201, 1993 WL 561706
CourtCourt of Criminal Appeals of Texas
DecidedJune 16, 1993
Docket70988
StatusPublished
Cited by297 cases

This text of 867 S.W.2d 30 (Martinez v. State) is published on Counsel Stack Legal Research, covering Court of Criminal 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, 867 S.W.2d 30, 1993 Tex. Crim. App. LEXIS 201, 1993 WL 561706 (Tex. 1993).

Opinions

[33]*33 OPINION

BAIRD, Judge.

Appellant was convicted of capital murder. TexJPenal Code Ann. § 19.03(a)(2).1 The jury affirmatively answered the statutory punishment issues under Tex.Code Crim. Proc.Ann. art. 37.071.2 Appellant was sentenced to death. Id. at (e). Appeal to this Court is automatic. Id. at (h). We will affirm.

Appellant does not challenge the sufficiency of the evidence to sustain either his conviction or the affirmative answers to the statutory punishment issues. Therefore, we will set forth only those facts necessary to the disposition of the points of error.

II.

Insanity

In point of error two, appellant contends the State failed to prove his sanity had been restored after a prior adjudication of insanity.3 There is a general presumption of sanity and the defendant bears the burden of proving, by a preponderance of the evidence, his insanity at the time of the conduct charged. Riley v. State, 830 S.W.2d 584, 585 (Tex.Cr.App.1992). See also, Breland v. State, 489 S.W.2d 623 (Tex.Cr.App.1973). However, if a prior unvacated adjudication of insanity is shown, the burden shifts to the State to prove, beyond a reasonable doubt, the defendant was sane at the time of the conduct charged. Breland, 489 S.W.2d at 625; and, Manning v. State, 730 S.W.2d 744, 748 (Tex.Cr.App.1987).

Appellant filed a pretrial Motion Of Intention to Show Defendant Was Under A Judgment Of Insanity At The Time Of Commission Of This Offense. At the motion hearing, documents were tendered which purported to show that appellant was adjudicated insane by a jury on April 10, 1967, in Cause No. 8775, in the District Court of Comanche County. The documents further indicate that on October 21, 1968, in the same 'cause, a jury determined appellant was sane. Finally, on June 30,1969, the superintendent of Rusk State Hospital notified that trial judge that appellant had been discharged because of the restoration of his sanity.

Appellant objected to the documents, contending they were not properly authenticated or certified. See, Tex.R.Crim.Evid. 901. The trial judge withheld his ruling and recessed the hearing to allow the parties to review the documents and address the issues raised. However, the hearing never resumed and the trial judge never ruled on the motion. Therefore, appellant’s complaint on appeal is not preserved. Tex.R.App.P. 52(a).

However, assuming arguendo the point was preserved, we find appellant’s sanity was not an issue at his trial for the instant offense. At the aforementioned hearing, appellant’s counsel stated:

Yes, sir, Judge, although we’d like the record to reflect that at this point in time we are not now saying that the defendant is either incompetent to stand trial or that he was insane at the time he committed the offense for which he’s about to go on trial again... ,4

[34]*34Insanity is an affirmative defense. Tex.Penal Code Ann. § 8.01.5 In order to raise insanity, appellant must notify the trial judge and State of his intent to present the defense. Tex.Code Crim.Proc.Ann. art. 46.03 § 2 provides:

(a) A defendant planning to offer evidence of the insanity defense shall file a notice of his intention to offer such evidence with the court and the prosecuting attorney:
(1) at least 10 days prior to the date the case is set for trial; or
(2) if the court sets a pretrial hearing before the 10-day period, the defendant shall give notice at the hearing; or
(3) if the defendant raises the issue of his ineompeteney to stand trial before the 10-day period, he shall at the same time file notice of his intention to offer evidence of the insanity defense.
(b) Unless notice is timely filed pursuant to Subsection (a) of this section, evidence on the insanity defense is not admissible unless the court finds that good cause exists for failure to give notice.

It is undisputed that appellant failed to comply with art. 46.03 § 2. Furthermore, appellant did not pursue an insanity defense before the jury or request the jury be instructed on the issue of insanity.

Having failed to raise the affirmative defense of insanity at trial, appellant now seeks the benefit of the shifting burden of proof of a prior adjudication of insanity. However, we hold the burden does not shift unless and until appellant raises the defense of insanity. Point of error two is overruled.

III.

Individual Voir Dire

In point of error three, appellant contends he was precluded from conducting individual voir dire of the venire.6

A. The Facts

The voir dire was conducted as follows: veniremembers were summoned in panels and the trial judge explained the operation and effect of our capital sentencing scheme. Each party then addressed the panel members individually, concerning the death penalty and related issues. When a sufficient number of veniremembers were qualified, a general voir dire was conducted. After the general voir dire, the parties exercised their peremptory challenges and the jury was selected.

Appellant objected to this procedure:

Appellant: Are those all the legal issues that the Court intends to go over with them? I would object if you are going to do it this way. By not going into the burden of proof, the failure to testify, not explaining those things to the jury as well as accomplice witness, parties, let’s see ...
The Court: You can certainly go over that.
Appellant: ... we would ask that the Court go into each prospective juror with those matters, whether strictly legal, so we could see whether or not they understand all those matters in connection with the trial. We would ask the Court to go into those matters, not any factual things about the stuff that would be on these [juror information questionnaires] sheets ... We would ask that the Court go into those matters. If the Court is going to proceed in that fashion, we feel [the parties] have a right to know [the venire member’s] feelings about all of the law that we believe will or may be applicable to the case as opposed to doing, leaving some of the law for a general voir dire as we do in ordinary felonies.
At any rate, Judge, those are matters
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The Court: I may very well do that.
[35]*35Appellant: ... that we are concerned about.
The Court: I may very well and I will let you know.

Appellant was allowed to individually question each veniremember concerning issues relevant to capital murder. At that time, appellant objected that he was not allowed to individually voir dire on the lesser included offense of murder.

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Cite This Page — Counsel Stack

Bluebook (online)
867 S.W.2d 30, 1993 Tex. Crim. App. LEXIS 201, 1993 WL 561706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-state-texcrimapp-1993.