Perkins v. State

887 S.W.2d 222, 1994 Tex. App. LEXIS 2724, 1994 WL 605727
CourtCourt of Appeals of Texas
DecidedNovember 7, 1994
Docket06-93-00138-CR
StatusPublished
Cited by9 cases

This text of 887 S.W.2d 222 (Perkins 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
Perkins v. State, 887 S.W.2d 222, 1994 Tex. App. LEXIS 2724, 1994 WL 605727 (Tex. Ct. App. 1994).

Opinion

*224 OPINION

GRANT, Justice.

This is an appeal from a conviction for capital murder. Tommy Perkins brings two points of error: (1) that there is insufficient evidence corroborating the accomplice witness testimony to support the judgment of the conviction, and (2) that the trial court erred in refusing to allow cross-examination of the accomplice witness regarding his knowledge of parole law.

The State contends that three men, Tommy Perkins, Jason Martin, and Billy Frank “Sonny” Vickers, planned to rob Phillip Kin-slow as he returned to his residence with cash from his store, the Superette.

According to evidence presented by the State through Martin, the three men met and planned the crime at Vickers’s residence. They cased the store and Kinslow’s home the day of the crime. On March 12, 1993, the night of the crime, the group took packing tape, two guns, and ski masks to Kinslow’s residence where Vickers and Perkins hid near the gate. At approximately 8:10 p.m., Kinslow stepped from his truck to open the gate and Vickers rushed him. However, Kinslow was also armed and he shot Vickers in the knee. Kinslow was shot and died soon after. All three defendants were convicted. Perkins' now appeals.

In his first point of error, Perkins contends that the evidence was insufficient to support the conviction due to lack of corroboration of the accomplice witness testimony. "When the State relies upon an accomplice witness’s testimony, the testimony must be both material and corroborated by independent evidence tending to connect the accused with the offense. Tex.Code CRImPROcAnn. art. 38.14 (Vernon 1979); Holladay v. State, 709 S.W.2d 194, 200 (Tex.Crim.App.1986). The testimony of an accomplice witness is corroborated sufficiently if, after eliminating from consideration the testimony of the accomplice, there is inculpatory evidence that tends to connect the defendant with the commission of the offense. Reed v. State, 744 S.W.2d 112, 125 (Tex.Crim.App.1988); Vertz v. State, 702 S.W.2d 196 (Tex.Crim.App.), cert. denied, 479 U.S. 830, 107 S.Ct. 114, 93 L.Ed.2d 61 (1986). The corroborating evidence need not directly link the defendant to the crime or be sufficient in itself to establish guilt. Adams v. State, 685 S.W.2d 661, 667-68 (Tex.Crim.App.1985). It is sufficient if the combined cumulative weight of the incriminating evidence furnished by the nonae-complice witness tends to connect the accused with the commission of the offense. Granger v. State, 683 S.W.2d 387, 392 (Tex.Crim.App.1984), cer t. denied, 472 U.S. 1012, 105 S.Ct. 2713, 86 L.Ed.2d 728 (1985). Corroborating evidence, however, is insufficient if it connects the defendant to the offense only when considered in connection with the accomplice testimony. Sonenschein v. State, 722 S.W.2d 450, 452 (Tex.App.-Austin 1986, pet. ref'd).

The testimony of Larry Miller, Sr., Larry Miller, Jr., and Aaron Shelton placed Vickers, Perkins, and Martin together inside the victim’s Superette store several hours before the murder.

Doris Taylor testified that at 7:00 p.m. on the night of the murder, Perkins was with the other men at Vickers’s residence. She also testified that the three men were not present from 11:30 to 12:00 p.m. Ruth Ann Vickers testified that all three men left Vick-ers’s house at around 7:30 p.m., approximately thirty minutes before the murder. She further testified that Perkins and Vickers were each carrying a gun and wearing the same type of ski mask that was recovered from the scene.

Vickers’s wife testified that at around 3:50 a.m. Perkins arrived at Vickers’s residence. He appeared tired, cold, and nervous and told her that Vickers had been shot in the knee.

Perkins’s girlfriend, Latrice Joyce Dangerfield, testified that in the early morning hours of March 13, 1993, a few hours after the murder, Perkins called her from Vick-ers’s residence. He was nervous. She gave Perkins a ride from Vickers’s residence. He rode in the back seat while Dangerfield drove. A .22 caliber bullet was found in that back seat and fourteen .22 caliber bullets were found in Perkins’s car. The bullets were of the same caliber as the bullet which *225 had killed Kinslow. Perkins told her that Vickers had been shot when the group had gone to rob a man. She was also told that the man and Vickers shot at each other and Vickers had been wounded. Dangerfield also testified that Perkins had stated that Vickers asked Perkins why he had not fired his gun and that Perkins had replied that he had. Finally, she testified that Perkins gave her a false alibi to tell the police.

In Farris v. State an extrajudicial statement by the defendant was sufficient to corroborate accomplice testimony when it was corroborated by the corpus delecti of the crime. 819 S.W.2d 490 (Tex.Crim.App.1990). Here Perkins’s admission to Dangerfield is corroborated by the corpus delecti of the facts at the crime scene. The testimony of Ruth Ann Vickers that Perkins and Vickers were carrying guns and wearing the same type ski masks of one that was recovered from the scene linked Perkins to the crime. The .22 caliber bullets found in Perkins’s car, being of the same caliber as the bullet which killed Kinslow, is another factor linking Perkins to the crime. There is ample evidence to corroborate Vickers’s testimony. This point of error is overruled.

In his second point of error, Perkins contends that the trial court erred in refusing to allow cross-examination of the accomplice witness regarding his knowledge of parole law as applied to a life sentence for capital murder. This was done in the form of granting the State’s motion in limine, and Perkins’ point of error complains of the motion in limine. However, because the mere granting of a motion in limine cannot constitute reversible error, Romo v. State, 577 S.W.2d 251, 252 (Tex.Crim.App. [Panel Op.] 1979), Perkins appears in his argument to be complaining about the restriction on the cross-examination of Martin at trial.

When the State called Martin to the stand a conflict arose. Martin had entered into a plea bargain agreement under which he was to testify against Perkins and which reduced his punishment from a mandatory life sentence requiring that he serve thirty-five years before being eligible for parole to a robbery with a prior conviction, carrying a twenty-five year sentence with eligibility for parole within one-half the time. 1 Perkins wanted to question Martin about the mandatory time without parole under the life sentence.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

in Re: Tommy Perkins
Court of Appeals of Texas, 2013
Koy Timon Moore v. State
Court of Appeals of Texas, 2009
Rodney Reister v. State
Court of Appeals of Texas, 2005
Tommy Perkins v. State
Court of Appeals of Texas, 2003
Miles v. Ford Motor Co.
922 S.W.2d 572 (Court of Appeals of Texas, 1996)
Utsey v. State
921 S.W.2d 451 (Court of Appeals of Texas, 1996)
Alexander v. State
919 S.W.2d 756 (Court of Appeals of Texas, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
887 S.W.2d 222, 1994 Tex. App. LEXIS 2724, 1994 WL 605727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkins-v-state-texapp-1994.