Plata v. State

926 S.W.2d 300, 1996 Tex. Crim. App. LEXIS 86, 1996 WL 347875
CourtCourt of Criminal Appeals of Texas
DecidedJune 26, 1996
Docket0480-94
StatusPublished
Cited by234 cases

This text of 926 S.W.2d 300 (Plata 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
Plata v. State, 926 S.W.2d 300, 1996 Tex. Crim. App. LEXIS 86, 1996 WL 347875 (Tex. 1996).

Opinions

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MEYERS, Judge.

Appellant and a codefendant were convicted of theft in a single trial for stealing money from an armored cash delivery vehicle. Apparently, the money was actually taken and removed from the vehicle by appellant’s co-defendant, acting alone but using a car borrowed by appellant for that purpose from his sister earlier the same day. Although there is ample evidence to suggest that appellant participated in planning this offense, that he aided and possibly even solicited his code-fendant to commit it, there is virtually nothing in the record to prove that appellant stole the money himself or actually received any of it after it was stolen.

Nevertheless, our law provides that “a person is criminally responsible for an offense committed by the conduct of 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[.]” Penal Code § 7.02(a)(2). Because each party to an offense, including those who are criminally responsible for the conduct of others, may be charged with committing the offense themselves, it is clear that sufficient evidence was adduced at trial to prove appellant guilty of theft on account of the supervision he exercised and assistance he provided to his code-fendant. Penal Code § 7.01. But, while the court’s charge in this cause did tell the jurors in general terms of the conditions under which a person may be criminally responsible for another’s conduct, it also expressly admonished them not to convict appellant unless they unanimously found beyond reasonable doubt that both he and his codefendant actually appropriated the stolen money by exercising control over it.

On the basis of these instructions, the Thirteenth Court of Appeals concluded that, taken as a whole, the court’s charge did not authorize the jury to convict appellant for assisting his codefendant in the commission of the crime. Relying on our opinions in Walker v. State, 823 S.W.2d 247 (Tex.Crim.App.1991) and Jones v. State, 815 S.W.2d 667 (Tex.Crim.App.1991), the Court held that ju[302]*302rors are not at liberty to convict an accused under an abstract theory of law contained in the court’s charge unless the charge also includes an instruction applying that theory to the facts of the case and expressly authorizing the jury to return a verdict of guilty upon finding that the conditions of culpability given by the theory have been proven. Because the application paragraph of the trial court’s charge in this ease did not include, either directly or by reference, the elements necessary for proof that appellant was vicariously culpable, and because the evidence did not show that appellant committed the offense of theft by his own conduct, the Court of Appeals reversed his conviction and remanded the cause for an acquittal. Plata v. State, 875 S.W.2d 344 (Tex.App. — Corpus Christi 1994).

In its petition for discretionary review, the State argues that the Court of Appeals misinterpreted our opinions in Walker and Jones and that its disposition is inconsistent with our more recent opinion in Chatman v. State, 846 S.W.2d 329 (Tex.Crim.App.1993). It contends that the application paragraph in this case did include a reference to the abstract instruction on the law of vicarious culpability sufficient for rational jurors to understand that they were authorized to convict appellant upon finding that he was criminally responsible under the law for the alleged theft committed by the conduct of his codefendant. We granted discretionary review to clarify the connection under our precedents between definitional instructions and application instructions in the context of vicarious criminal responsibility.

Over the years, this Court has struggled to maintain a workable relationship between the abstract parts of a jury charge and those parts which apply the abstract law to the facts of the case. This struggle has not always been perfectly successful, but it has managed to produce a reasonably stable balance between two potentially inconsistent propositions: (1) that the meaning of a jury charge should be taken from the whole charge, not just from a certain few instructions read in isolation; and (2) that jurors are not authorized to return a verdict except under those conditions given by the application paragraph of the charge. To harmonize these two important principles, we have held that abstract or definitional paragraphs serve as a kind of glossary to help the jury understand the meaning of concepts and terms used in the application paragraphs of the charge. See, e.g., Dinkins v. State, 894 S.W.2d 330, 339 (Tex.Crim.App.1995)(omission of a culpable mental state from the application paragraph was sufficiently supplied by a definition of the offense given in the abstract portion of charge).

From this relationship, it follows that superfluous abstractions, those not necessary to an understanding of concepts or terms contained in the application paragraph, are generally innocuous. Reversible error only occurs in the giving of an abstract instruction when the instruction is an incorrect or misleading statement of a law which the jury must understand in order to implement the commands of the application paragraph. Riley v. State, 830 S.W.2d 584, (Tex.Crim.App.1992)(confusing conflict between abstract and application paragraphs on burden of proof concerning insanity was reversible error); Sandig v. State, 580 S.W.2d 584, 586 (Tex.Crim.App.1979)(overly broad definition of “sexual contact” in abstract instruction was reversible error because it authorized conviction on unalleged theory when read in combination with application paragraph of charge). Likewise, failure to give an abstract instruction is reversible only when such an instruction is necessary to a correct or complete understanding of concepts or terms in the application part of the charge. MacDougall v. State, 702 S.W.2d 650 (Tex.Crim.App.1986)(failure to include definition of “deception” in abstract portion of the charge was reversible error where State’s theory of conviction depended on proof of theft by deception and elements of deception were not included in the application paragraph); Meanes v. State, 668 S.W.2d 366, 374-75 (Tex.Crim.App.1983)(fail-ure to give abstract instruction defining capital murder was not error where constituent elements of murder were set forth at length in the application paragraph). The inclusion of a merely superfluous abstraction, therefore, never produces reversible error in the court’s charge because it has no effect on the [303]*303jury’s ability fairly and accurately to implement the commands of the application paragraph or paragraphs. Hughes v. State, 897 S.W.2d 285

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Bluebook (online)
926 S.W.2d 300, 1996 Tex. Crim. App. LEXIS 86, 1996 WL 347875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plata-v-state-texcrimapp-1996.