Orona v. State

341 S.W.3d 452, 2011 WL 679320
CourtCourt of Appeals of Texas
DecidedJuly 27, 2011
Docket2-09-00182-CR
StatusPublished
Cited by29 cases

This text of 341 S.W.3d 452 (Orona 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
Orona v. State, 341 S.W.3d 452, 2011 WL 679320 (Tex. Ct. App. 2011).

Opinions

[455]*455OPINION

SUE WALKER, Justice.

I. INTRODUCTION

A jury found Appellant Alejandro Orona guilty of murder and assessed his punishment at life imprisonment. The trial court sentenced him accordingly. In eight points, Orona argues that insufficient evidence exists to sustain his conviction and that the trial court erred by not submitting jury charges on lesser offenses and by admitting hearsay in violation of Orona’s federal and state constitutional rights to cross-examination. We will affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

Scott Sartain was a methamphetamine user and an insulin-dependent diabetic. He stole his grandmother’s checkbook, forged a check, and got his friend Natalie Bazan to cash it. The bank confirmed that the check was forged, and police arrested Bazan. Bazan’s husband, Brian Johns, was upset about Bazan’s arrest, and after Johns bailed her out of jail, the two confronted Sartain at Orona and Kelly Munn’s house, where Sartain was staying at the time.

Johns and Bazan found Sartain in a back room with Munn and confronted him. Johns and Bazan both hit Sartain, and when Sartain started to leave, Munn “just started jumping on him.” Orona came into the room and joined in the beating, kicking and hitting Sartain. Munn said, “Go to sleep, bitch,” while hitting Sartain. Sartain covered his head and was knocked to the ground. Bazan and some of the other people at the house yelled for Orona and Munn to stop, but they continued kicking and hitting Sartain. Bazan, Johns, and the other people in the house fled as the beating continued.

Melissa Morante — who had fled the house during the fight — returned the following day. Orona and Munn were playing loud music, and Morante could hear moans coming from the garage. Munn and Orona had blood on their shoes. Both told Morante that Sartain was in the garage. Rebecca Brauer, who had heard about the beating, also went to Orona and Munn’s house a few days after the fight. In front of Brauer, Munn told Orona that he needed to feed and water the “dog” and pointed toward the garage. Daniel Osborne, a friend of Munn’s, went to the house after the fight, and Munn told Osborne that he and Orona had beaten Sar-tain because he owed them money; Munn asked Osborne to check on Sartain in the garage, but Osborne did not because he “didn’t want to believe it.”

Days after the fight, Munn called Johns and asked him to bring over some Fabulo-so floor cleaner. When Johns arrived, the house smelled like “rotten garbage” and was freezing inside. He noticed that dryer sheets had been placed in all of the air-conditioning vents. Orona and Munn came out of a back room, and Johns could see a hacksaw and knives on a table in that room. He saw Munn hold up Sartain’s severed head. Johns ran out of the house and to a nearby motel to tell friends what he had seen.

Osborne returned to Munn and Orona’s house a second time and noticed that it “smelled like hot garbage and nasty meat.” Munn and Orona were cleaning the house — mopping with Fabuloso cleaner and taking out the trash. Munn and Oro-na had rubbed Vicks vapor rub over their noses. Munn told Osborne that they had cut up Sartain’s body, and Munn asked for Osborne’s help disposing of it. Osborne refused, but he later helped them load Sartain’s car and a bathtub full of trash bags and brush onto a trailer. Some ac[456]*456quaintances of Munn and Orona’s drove the trailer to a rural area near Waco, where more acquaintances cut up Sartain’s car for scrap-metal and burned the trash bags.

Police got a tip about a murder a few months later. They eventually tracked down witnesses. Sartain’s body was never found. Approximately seven months after the beating, police searched Orona and Munn’s house for evidence of a murder. Orona and Munn no longer lived there. Police applied a chemical that can detect blood to the walls and floors. Although it showed some areas that could have blood on them, police were unable to remove those areas for further testing before the chemicals destroyed the potential DNA samples. DNA samples that the police took from baseboards in the house did not test positive for Sartain’s blood.

III. SUFFICIENCY OF THE EVIDENCE

In his fifth and seventh points, Orona complains about the legal sufficiency of the evidence. In his sixth and eighth points, Orona complains about the factual sufficiency of the evidence. Because the Texas Court of Criminal Appeals recently held in Brooks v. State, 323 S.W.3d 893, 895 (Tex. Crim.App.2010), that there is no meaningful distinction between the factual sufficiency standard and the legal sufficiency standard, we analyze Orona’s insufficiency arguments under only the legal sufficiency standard.

A. Legal Sufficiency Standard of Review

In reviewing the legal sufficiency of the evidence to support a conviction, we view all of the evidence in the light most favorable to the prosecution in order to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979); Clayton v. State, 235 S.W.3d 772, 778 (Tex.Crim.App.2007).

This standard gives full play to the responsibility of the trier of fact to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts. Jackson, 443 U.S. at 319, 99 S.Ct. at 2789; Clayton, 235 S.W.3d at 778. The trier of fact is the sole judge of the weight and credibility of the evidence. See Tex.Code Crim. Proc. Ann. art. 38.04 (Vernon 1979); Brown v. State, 270 S.W.3d 564, 568 (Tex. Crim.App.2008), cert. denied, — U.S. -, 129 S.Ct. 2075, 173 L.Ed.2d 1139 (2009). Thus, when performing a legal sufficiency review, we may not re-evaluate the weight and credibility of the evidence and substitute our judgment for that of the factfinder. Dewberry v. State, 4 S.W.3d 735, 740 (Tex.Crim.App.1999), cert. denied, 529 U.S. 1131, 120 S.Ct. 2008, 146 L.Ed.2d 958 (2000). Instead, we “determine whether the necessary inferences are reasonable based upon the combined and cumulative force of all the evidence when viewed in the light most favorable to the verdict.” Hooper v. State, 214 S.W.3d 9, 16-17 (Tex.Crim.App.2007). We must presume that the factfinder resolved any conflicting inferences in favor of the prosecution and defer to that resolution. Jackson, 443 U.S. at 326, 99 S.Ct. at 2793; Clayton, 235 S.W.3d at 778.

The standard of review is the same for direct and circumstantial evidence cases; circumstantial evidence is as probative as direct evidence in establishing the guilt of an actor. Clayton, 235 S.W.3d at 778; Hooper, 214 S.W.3d at 13. In determining the legal sufficiency of the evidence to show an appellants intent, and faced with a record that supports conflict[457]*457ing inferences, we “must presume — even if it does not affirmatively appear in the record — that the trier of fact resolved any such conflict in favor of the prosecution, and must defer to that resolution.” Matson v. State, 819 S.W.2d 839, 846 (Tex.

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Bluebook (online)
341 S.W.3d 452, 2011 WL 679320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orona-v-state-texapp-2011.