Mathis v. State

67 S.W.3d 918, 2002 Tex. Crim. App. LEXIS 30, 2002 WL 218188
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 13, 2002
Docket73,621
StatusPublished
Cited by421 cases

This text of 67 S.W.3d 918 (Mathis 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
Mathis v. State, 67 S.W.3d 918, 2002 Tex. Crim. App. LEXIS 30, 2002 WL 218188 (Tex. 2002).

Opinions

[921]*921 OPINION

MEYERS, J.,

delivered the opinion of the Court

in which KELLER, P.J., PRICE, WOMACK, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Appellant was convicted of capital murder in September 1999. Tex. Penal Code Ann. § 19.03(a). Pursuant to the jury’s answers to the special issues set forth in Texas Code of Criminal Procedure article 37.071, sections 2(b) and 2(e), the trial judge sentenced appellant to death. Art. 37.071 § 2(g).1 Direct appeal to this Court is automatic. Art. 37.071 § 2(h).

On December 15, 1998, at approximately 8:00 or 8:30 a.m., Esmerelda Lester and her 15-year old daughter Melanie Alma-guer went to Chris Lentsch’s home. Lentsch rented rooms to Travis Brown and Daniel Hibbard. Brown and appellant were in Brown’s room. While Lester, Al-maguer and Hibbard sat in Lentseh’s room, Lentsch went into the kitchen. Shortly thereafter, Lentsch heard gunshots from Brown’s room and turned to see appellant exiting the room with a gun in his hand. Appellant claimed that Brown had just shot himself. Lentsch told appellant to put the gun down, but appellant ordered Lentsch and the other three back into Lentsch’s room where he calmly walked up to Almaguer and shot her in the head, leaving her alive, but paralyzed from the neck down. Appellant then shot Hib-bard in the head, causing his death. Appellant finally pointed the gun at Lester, whereupon he discovered that he was out of bullets. Appellant thereafter rummaged through the house, set fire to Brown’s room, threatened Lester and Lentsch, and finally left in Brown’s car.

The police identified appellant as the killer and went to arrest him. Upon being arrested, appellant became violent. Officers discovered that appellant had told his father to lie for him and had persuaded his girlfriend to give him an alibi, which she maintained until confronted by the police. A fellow inmate testified that appellant showed no remorse for the shootings and stated that he wished he had killed them all.

Appellant took the stand and at first testified that although he had been to the house earlier, he was not there on the morning of the shootings. After defense counsel requested a recess, appellant took the stand and stated that he had lied in his previous testimony. He then testified that he was at the house at the time of shootings, and admitted that he had shot all three people and taken Brown’s car. Appellant claimed he shot Brown in self-defense after Brown had threatened to shoot him.2 He claimed that he shot the others because he panicked after shooting Brown.

During the punishment phase, the State put on evidence of appellant’s prior criminal history, including an aggravated robbery, various assaults and thefts, and a charge for resisting arrest. The State presented additional evidence that appellant had been repetitively belligerent and disruptive at school and that he had gotten into a fight with jailers while incarcerated.

In his tenth point of error, appellant claims that the evidence presented at trial was legally insufficient to support the [922]*922jury’s finding that he would be a continuing threat to society. See Art. 37.071 § 2(b)(1). In reviewing the sufficiency of the evidence at punishment, this Court looks at the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have believed beyond a reasonable doubt that appellant would probably commit criminal acts of violence that would constitute a continuing threat to society. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); Allridge v. State, 850 S.W.2d 471 (Tex.Crim.App. 1991), cert, denied, 510 U.S. 831, 114 S.Ct. 101, 126 L.Ed.2d 68 (1993). The facts of the crime alone can be sufficient to support the affirmative finding to the special issue. Allridge, 850 S.W.2d at 488. Additionally, we have consistently defined “society” as encompassing both the prison population and the free population. See Griffith v. State, 983 S.W.2d 282, 300 n. 9 (Tex.Crim.App.), cert. denied, 528 U.S. 826, 120 S.Ct. 77, 145 L.Ed.2d 65 (1999).

The facts in the instant case demonstrate a calculated crime which culminated in execution-style killings. The State’s evidence reflected that appellant was always in control of his actions and showed no remorse. In addition to these facts, the State showed that appellant had a litany of past behavior problems and had committed a number of criminal violations. Given the facts in the instant case, and the nature and number of the other extraneous acts shown, a rational jury could reasonably have concluded that appellant would continue to be a threat to society. The evidence is legally sufficient to support the jury’s affirmative answer to the future dangerousness issue. Jackson and All-ridge, both supra. Point of error ten is overruled.

In his first two points of error, appellant claims the trial court erred in denying his challenges for cause to two venirepersons. To preserve error on allegedly erroneously denied challenges for cause, an appellant must demonstrate that he asserted a clear and specific challenge for cause, that he used a peremptory challenge on the complained-of venireperson, that all of his peremptory challenges were exhausted, that his request for additional strikes was denied, and that an objectionable juror sat on the jury. Green v. State, 934 S.W.2d 92, 105 (Tex.Crim.App.1996), cert. denied, 520 U.S. 1200, 117 S.Ct. 1561, 137 L.Ed.2d 707 (1997). The record in the instant case shows that appellant used only thirteen of his fifteen peremptory challenges. Appellant has failed to preserve error on these points. Points of error one and two are overruled.

In his third point of error, appellant claims the trial court erred in granting the State’s challenge for cause to veni-reperson Villamayor based on her views against the death penalty. Under Wainwright v. Witt, 469 U.S. 412, 105 S.Ct. 844, 83 L.Ed.2d 841 (1985), a venireperson may be excluded for cause consistent with the Sixth Amendment to the United States Constitution when his views on capital punishment are such that they would “prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.” Clark v. State, 929 S.W.2d 5, 6-7 (Tex. Crim.App.1996), cert, denied, 520 U.S. 1116, 117 S.Ct. 1246, 137 L.Ed.2d 328 (1997); Vuong v. State, 830 S.W.2d 929, 942 (Tex.Crim.App.), cert. denied, 506 U.S. 997, 113 S.Ct. 595, 121 L.Ed.2d 533 (1992); Moody v. State, 827 S.W.2d 875, 888 (Tex. Crim.App.), cert. denied, 506 U.S. 839, 113 S.Ct. 119,121 L.Ed.2d 75 (1992). Prospective jurors may not be excused merely because their beliefs about the death penalty might influence the decision-making process. Clark, supra.

[923]

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Cite This Page — Counsel Stack

Bluebook (online)
67 S.W.3d 918, 2002 Tex. Crim. App. LEXIS 30, 2002 WL 218188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathis-v-state-texcrimapp-2002.