Tracie Denise Bell v. State

CourtCourt of Appeals of Texas
DecidedMay 10, 2012
Docket01-10-00874-CR
StatusPublished

This text of Tracie Denise Bell v. State (Tracie Denise Bell 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
Tracie Denise Bell v. State, (Tex. Ct. App. 2012).

Opinion

Opinion issued May 10, 2012.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00873-CR

NO. 01-10-00874-CR

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TRACIE DENISE BELL, Appellant

V.

The State of Texas, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Case Nos. 1157495, 1224142

MEMORANDUM OPINION

          Tracie Denise Bell appeals from her conviction for theft and attempted theft,[1] arguing that the trial court erred in its refusal to submit “accomplice witness” jury instructions with respect to certain witnesses. We affirm.

Background

          The State charged Bell with theft and attempted theft in connection with funds she obtained or sought to obtain from Debra King, Chief Financial Officer for the Houston Area Urban League, in remuneration for youth basketball camps Bell purportedly conducted through her nonprofit organization, The Youth Outlet. The State alleged that Bell submitted falsified documents to the Urban League, claiming to have run basketball camps that never took place and claiming that fictitious children attended the camps, in order to obtain grant funds provided to the Urban League by the American National Red Cross Hurricane Recovery Program for funding youth activity programming for children directly affected by Hurricanes Katrina, Rita, or Wilma.

          Among the witnesses who testified against Bell were Marcus Nasia, Melba Hamilton, Evelyn Robinson, Vanessa Ausley, Stephanie Simon, and Elliott Dupreeeach of whom assisted Bell to some degree in connection with the allegedly fraudulent basketball camps and paperwork. At the charge conference, the trial court ruled that, in the attempted theft case, it would instruct the jury that Dupree was an accomplice witness as a matter of law and that the jury was to decide whether Simon and Ausley were accomplice witnesses as a matter of fact. Bell requested that the trial court also instruct the jury that Hamilton, Robinson, and Nasia were accomplices as a matter of law or, alternatively, instruct the jury to decide whether they were accomplices as a matter of fact. The State argued that Hamilton, Robinson, and Nasia were not accomplice witnesses because there was no evidence that they knew that Bell was going to use the paperwork they assisted in filling out to commit or attempt to commit thefti.e., they lacked the requisite mental state for the crime charged. The trial court denied Bell’s requests for accomplice-witness instructions with respect to Hamilton, Robinson, and Nasia.

The jury convicted Bell on both charges. On the conviction for theft of property with an aggregate value of $100,000 to $200,000, the jury sentenced her to fifteen years’ confinement and assessed a $3,300 fine. On the conviction for attempted theft of property with a value in excess of $200,000, the jury sentenced her to sixteen years’ confinement and assessed a $6,460 fine. Bell appeals the trial court’s denial of her requested accomplice-witness instructions.

Standard of Review

          If the evidence at trial raises a question of fact as to whether a witness is an accomplice, the trial court must instruct the jury to decide whether the witness is an accomplice; if the evidence conclusively establishes that a witness is an accomplice, the trial court must instruct the jury that the witness is an accomplice as a matter of law. Druery v. State, 225 S.W.3d 491, 498–99 (Tex. Crim. App. 2007). We review a trial court’s determination of whether the evidence supports either accomplice-witness instruction under an abuse of discretion standard. Paredes v. State, 129 S.W.3d 530, 536 (Tex. Crim. App. 2004).

Accomplice-Witness Instruction

          Under article 38.14 of the Code of Criminal Procedure, a criminal conviction may not be based on the testimony of an accomplice-witness unless the testimony is “corroborated by other evidence tending to connect the defendant with the offense committed.” Tex. Code Crim. Proc. Ann. art. 38.14 (West 2011). A witness is an accomplice-witness only if he participates in the crime with the defendant, taking “an affirmative act . . . to assist in the commission of the [crime]” before, during, or after the commission of the crime, with the required culpable mental state for the crime. Druery, 225 S.W.3d at 498−99; see also Paredes, 129 S.W.3d at 536. Mere presence at the scene of the crime does not render a witness an accomplice. Druery, 225 S.W.3d at 498; Cocke v. State, 201 S.W.3d 744, 748 (Tex. Crim. App. 2006). Nor is a witness an accomplice merely because he knew of the crime and failed to disclose it or even concealed it. Druery, 225 S.W.3d at 498. In short, “if the witness cannot be prosecuted for the same offense with which the defendant is charged, or a lesser-included offense, the witness is not an accomplice witness as a matter of law.” Delacerda v. State, No. 01-09-00972-CR, 2011 WL 2931189, at *22 (Tex. App.—Houston [1st Dist.]

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Tracie Denise Bell v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tracie-denise-bell-v-state-texapp-2012.