Motilla v. State

38 S.W.3d 821, 2001 Tex. App. LEXIS 835, 2001 WL 101783
CourtCourt of Appeals of Texas
DecidedFebruary 8, 2001
Docket14-99-00069-CR
StatusPublished
Cited by16 cases

This text of 38 S.W.3d 821 (Motilla 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
Motilla v. State, 38 S.W.3d 821, 2001 Tex. App. LEXIS 835, 2001 WL 101783 (Tex. Ct. App. 2001).

Opinions

MAJORITY OPINION

MAURICE AMIDEI, Justice

(Assigned).

Appellant, a juvenile, was certified to stand trial as an adult. The grand jury returned an indictment charging appellant with the offense of capital murder. Appellant was convicted of the charged offense and punishment was automatically assessed at confinement for life in the Texas Department of Criminal Justice — Institutional Division. Appellant raises four issues for review. We reverse and remand for a new trial.

I. Sufficiency Challenges

In his first two issues, appellant contends the evidence is legally and factually insufficient to support the jury’s verdict. Specifically, each point contends the evidence is insufficient to establish appellant possessed the specific intent to cause the death of the complainant.

A. Factual Summary

In the early morning hours of January 1, 1998, the complainant drove his vehicle into a parking lot and, along with two friends, continued the new year’s celebration. While 'listening to music, the complainant and his companions were confronted by appellant and Roman Flores. Appellant withdrew a firearm from his jacket, pointed it at the complainant and his companions and ordered the three men to the ground. However, the men failed to comply and began running. As the two companions fled, they heard two or three gun shots and heard the complainant yell and fall to the ground, mortally wounded.

Appellant and Flores fled the scene, but later returned and found the two companions tending to the complainant. Appellant placed the firearm against the head of one companion and demanded the keys to the complainant’s vehicle. Appellant then pointed the firearm at the head of the remaining companion and demanded his gold chain. When the companion complied, appellant and Flores again fled.

The coroner testified the complainant died as a result of a single gunshot wound that entered the back of the right arm, went through the right posterior rib and the right lung, pierced the aorta, went through the sternum and exited the left chest.

Appellant made a statement, which was admitted into evidence. In the statement, appellant stated that in the early morning hours of January 1, 1998, he left the Far West Rodeo Club and traveled to the parking lot of a Shell gas station. He admitted that he robbed and shot a man in that parking lot. He then ran to an apartment complex where he stole a truck and drove away. After colliding with a church, he traveled on foot to his grandmother’s home. Appellant stated that he did not know what he was doing because he was drunk.

B. Standards of Appellate Review

We must next determine the appropriate standard of appellate review for resolving these points of error. When we are asked to determine whether the evidence is legally sufficient to sustain a conviction, we employ the standard of Jackson v. Virginia and ask “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable [824]*824doubt.” 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979).

When we determine whether the evidence is factually sufficient, we employ one of the two formulations recognized in Johnson v. State, 23 S.W.3d 1 (Tex.Crim.App.2000). In cases where the appellant attacks the factual sufficiency of an adverse finding on an issue to which he did not bear the burden of proof, as here, the appellant must demonstrate there is insufficient evidence to support the adverse finding. Id. at 11. Under a factual sufficiency challenge, the evidence is viewed without the prism of “in the light most favorable to the prosecution” but rather “in a neutral light, favoring neither party.” Id. at 6. A reversal is necessary only if the evidence standing alone is so weak as to be clearly wrong and manifestly unjust. Id. at 8. The Johnson Court reaffirmed the requirement that in conducting a factual sufficiency review the appellate court must employ appropriate deference to avoid substituting its judgment for that of the fact finder. Id. at 7. To ensure this level of deference, the court of appeals, before ordering a reversal, should provide a detailed explanation supporting its finding of factual insufficiency by clearly stating why the fact finder’s finding is insufficient. Id. at 8. Finally, the court should state in what regard the evidence is so weak as to be clearly wrong and manifestly unjust.

C. Legal Sufficiency Analysis

We will first consider the legal sufficiency challenge. Our law requires that in a capital murder prosecution, the defendant must possess the specific intent to cause death. See Tex. Penal Code Ann. § 19.03(a)(2). Appellant acknowledges that this specific intent may be inferred from the use of a deadly weapon unless in the manner of its use it is reasonably apparent that death or serious bodily injury would not have resulted. See Godsey v. State, 719 S.W.2d 578, 580-81 (Tex.Crim.App.1986). However, relying on Foster v. State, 639 S.W.2d 691 (Tex.Crim.App. 1982), appellant correctly argues that such an inference may be rebutted by a defendant’s statement. Appellant contends such a statement is present in this case. Additionally, appellant argues the evidence is insufficient to establish the specific intent to kill because the complainant was shot in a non-vital area, and that the complainant was shot only once. We will address these arguments seriatim.

First, appellant states the specific intent inference is rebutted because appellant, in his oral statement, “said that it was not his intention to kill the man.” The citation for this statement refers us to the closing arguments of defense counsel. Such arguments are not evidence. However, when the oral statement is reviewed, we do not find such a statement. Instead, appellant stated, “I didn’t mean to do it. I was just drunk.”

Second, a similar argument regarding injury to a non-vital area was rejected in Adanandus v. State, 866 S.W.2d 210, 215 (Tex.Crim.App.1993), cert. denied, 510 U.S. 1215, 114 S.Ct. 1338, 127 L.Ed.2d 686 (1994), where the defendant pulled a gun, shot the deceased and “the bullet went through the deceased’s right arm and entered his chest.” The Adanandus Court held the evidence was held sufficient to establish specific intent.

In support of his argument that the single shot establishes lack of intent, appellant cites several cases where specific intent was proven, in part, because more than one wound was inflicted by the defendant. We find those cases distinguishable because, in the instant case, the evidence established that appellant was the only gunman. Further, both the complainant’s companions testified that two or three shots were fired. We believe the fact that the defendant fired multiple shots militates in favor of a finding of specific intent.

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Bluebook (online)
38 S.W.3d 821, 2001 Tex. App. LEXIS 835, 2001 WL 101783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/motilla-v-state-texapp-2001.