Mayfield v. State

690 S.W.2d 682, 1985 Tex. App. LEXIS 6923
CourtCourt of Appeals of Texas
DecidedMay 2, 1985
DocketNo. 01-84-0100-CR
StatusPublished
Cited by3 cases

This text of 690 S.W.2d 682 (Mayfield 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
Mayfield v. State, 690 S.W.2d 682, 1985 Tex. App. LEXIS 6923 (Tex. Ct. App. 1985).

Opinions

OPINION

BASS, Justice.

A jury convicted appellant of robbery and assessed his punishment at 20 years confinement. We reverse and remand for a new trial.

[683]*683In his second ground of error, appellant alleges that the evidence is insufficient to support his conviction. The complainant testified that she and her brother were in a parking lot in Houston on May 20, 1983, waiting for the complainant’s husband to come out of a club next door. Appellant and another man walked past them, then returned and asked them for money. The complainant, in Vietnamese, told her brother to pretend he did not understand English and to slowly walk away. Appellant’s companion told the complainant to shut up, and asked her if she wanted to get killed. Appellant’s companion grabbed the complainant’s purse, pushed her, and ran down the street. Appellant held the complainant’s brother for a moment, and then he, too, ran down the street, with the complainant’s brother chasing them. The complainant had Vietnamese currency in her purse.

The complainant’s brother testified that appellant’s companion got into a car, started it, began to drive away, and then yelled to appellant to hurry. Appellant got into the car, and they sped away. The complainant’s brother flagged down a passing police car and reported the robbery.

Can Due Nguyen testified that he was driving home on the night in question when his car was hit in the rear. The other car kept driving for several blocks and Nguyen followed it, honking his horn. When it stalled, appellant and another man got out. The driver of the other car yelled to appellant to run as he ran from the scene. Appellant did not run, but approached Nguyen’s car, denying responsibility for the accident. Nguyen asked him to wait while he called the police. A police car arrived almost immediately, and while Nguyen was talking to the police, appellant began walking in the direction the driver had run.

The arresting officer testified that he saw appellant walking away and stopped him to ask if the stalled car belonged to him. Appellant said that it did, and gave the name Larry Darnell. Appellant testified that his name on his birth certificate is Larry Darnell Mayfield. The police arrested appellant for suspicion of robbery. In an inventory search of the car, they found Vietnamese currency.

Appellant testified that, on the night in question, he saw a man he knew only as Anthony standing on the side of the road. Anthony appeared to be intoxicated, and appellant offered him a ride. Anthony told appellant to pull into a parking lot so that he could give him some money for gasoline. Appellant parked his car, leaving the keys in the ignition, while they walked to an oriental club, where Anthony said he would get the money. As they approached the club, they saw the complainant and her brother standing in the parking lot next to the club. Appellant asked the complainant’s brother for a light, but he received no response. As appellant turned to walk away, he saw Anthony grab the complainant’s purse and run back towards the car. Appellant testified that he did not know that Anthony was going to rob the complainant, and he stood watching Anthony run away, shocked by his actions. The complainant’s brother pushed appellant aside to run after Anthony, and appellant followed him. Appellant specifically denied that he intentionally hindered the complainant’s brother in any way and stated that when he caught up with the complainant’s brother, he told him that he had nothing to do with the robbery. Anthony got into appellant’s car and yelled for him to get in. Appellant said he hesitated for a moment, but then got in, and Anthony drove away. He said he told Anthony to return the purse, but Anthony ignored him and drove on.

Several blocks away, Anthony ran into another car, and when the appellant’s car overheated, Anthony got out and ran. Appellant walked in the same direction to see where Anthony was going, and Anthony yelled to him, asking him if he was coming along. Appellant said no, and Anthony ran away. The driver of the other car asked appellant to stay there while he called the police. While he was gone, appellant saw a passing police car and flagged it down. He said he tried to give the police his full [684]*684name, but the officer stopped him before he said his last name.

Appellant argues that the evidence is insufficient to connect him with the robbery, because the evidence conclusively establishes that his only involvement in the robbery was in accidentally “blocking” the complainant’s brother from chasing Anthony. Appellant emphasizes that he did not speak to his companion during the robbery, and that his only connection with the robbery was his presence at the scene. However, the complainant and her brother testified that appellant purposely held the complainant’s brother to keep him from chasing the other man.

In applying the law of parties, under which the jury in the instant case was charged, a person is criminally responsible for an offense committed by another if:

acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense.

Tex;. Penal Code Ann. sec. 7.02(a)(2) (Vernon 1974). While mere presence of an accused at the scene of an offense is not sufficient in itself to support a conviction, it is a circumstance tending to prove guilt which, combined with other facts, may suffice to show the accused was a participant. Harris v. State, 645 S.W.2d 447 (Tex.Crim.App.1983). In order to be convicted of robbery as a party to the offense, the acts of aid or encouragement need not be spoken or performed during the commission of the offense itself, and the circumstances surrounding the offense may be considered. Isom v. State, 137 Tex.Crim. 430, 132 S.W.2d 121 (1939).

There is evidence in the instant case which shows that appellant was not a passive bystander; the complainant testified that he actively prevented her brother from interfering with the robbery or chasing his companion, and that he fled the scene of the robbery with his companion. This evidence, if believed by the jury, was sufficient to support the jury finding of guilt. The jury was entitled to believe or to disbelieve appellant’s testimony. Appellant’s second ground of error is overruled.

In his first ground of error, appellant argues that the trial court erred in refusing to charge the jury on the law of common design and independent impulse. Appellant’s written requested charge reads as follows:

If you believe from the evidence beyond a reasonable doubt that on or about May 28, 1983, an unknown black male in the course of committing theft of property owned by T_N_T_, and with intent to obtain and maintain control of the property, intentionally & knowingly threatened and placed the complainant in fear of imminent bodily injury and death and if you further believe from the evidence beyond a reasonable doubt that on or about May 28, 1983, the Defendant Larry Michael May-field, as a party, knew of the unknown black male’s unlawful intent and agreed to or aided or encouraged him in the commission of the offense and that the actions of the unknown black male were not of his own independent impulse, then you will find the defendant guilty of robbery.

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Related

Mayfield v. State
716 S.W.2d 509 (Court of Criminal Appeals of Texas, 1986)

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Bluebook (online)
690 S.W.2d 682, 1985 Tex. App. LEXIS 6923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayfield-v-state-texapp-1985.