Darrington v. State, 61076
| Decision Date | 10 November 1981 |
| Docket Number | No. 61076,No. 3,61076,3 |
| Citation | 623 S.W.2d 414 |
| Parties | Johnny Bryant DARRINGTON, Appellant, v. The STATE of Texas, Appellee |
| Court | Texas Court of Criminal Appeals |
Frank P. Smarzik, Jr., Houston, for appellant.
Carol S. Vance, Dist. Atty. & Calvin A. Hartmann, & Chuck Rosenthal, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.
Before ODOM, TOM G. DAVIS and DALLY, JJ.
Appeal is taken from a conviction for aggravated robbery. After finding appellant guilty, the jury assessed punishment, enhanced by a prior conviction, at 40 years.
In his first ground of error, appellant challenges the sufficiency of the evidence to support his conviction. He maintains the State failed to prove that he was a party to the instant offense.
James Campise testified that on May 7, 1977, he was employed as the assistant manager of a Safeway grocery store in Houston. About 3:00 a. m., appellant and two other individuals entered the store. The three men surrounded Campise and he was directed to open the safe. One of the individuals placed a handgun in Campise's side. Campise was then escorted by the men to the courtesy booth. He opened the safe and one of the men took a money bag. Campise related that as assistant manager, he had care, custody and control of the money. When the weapon was placed in his side, he was in fear of being killed. Campise related that during the offense, all three of the individuals had spoken to him. He was unable to recall which of the individuals had the gun. However, he stated that appellant did not go into the courtesy booth.
Frank Bernal was working in the produce section of the store at the time the robbery took place. Bernal related that he observed appellant enter the store with two other individuals. He further testified that he saw one of the individuals push Campise into the courtesy booth.
Nicholas Rocha testified that he had previously worked at the Safeway store in which Campise was robbed. Rocha had gone by the store in order to pick up a paycheck. While sitting in the parking lot and looking through the windows of the store, Rocha saw the robbery take place. He related that appellant was the individual who was armed with a handgun during the offense.
Kenneth Bell testified that he was with appellant in the early morning hours of May 7, 1977. Bell was driving a car which was occupied by appellant, Tommy Player and Charlie Barnes. Bell stated that he waited in the parking lot of the Safeway store while appellant, Player and Barnes went inside the store. When the three men returned to the car, they had a money bag and cigarettes.
When this Court reviews the sufficiency of the evidence, it will consider the evidence in the light most favorable to the jury's verdict. The evidence in the instant case reveals that appellant and two other individuals entered the Safeway store and committed a robbery. During the offense, appellant was armed with a handgun which was pointed at the complainant. We find the evidence sufficient to support appellant's conviction and overrule his first ground of error.
In his second ground of error, appellant maintains the court erred in permitting Bell to testify. He contends the testimony of an accomplice witness is inadmissible.
In Winkle v. State, 506 S.W.2d 891 (Tex.Cr.App.), it was held that a codefendant is a competent witness for either the State or the accused. No error is shown in the court permitting Bell to testify during appellant's trial. Appellant's second ground of error is without merit.
In his third ground of error, appellant maintains the court erred in failing to submit a requested charge to the jury. The charge which appellant requested was on the law of circumstantial evidence.
In Wright v. State, 582 S.W.2d 845 (Tex.Cr.App.), it was held that when the State's case is fully proven through eyewitness testimony, no charge on circumstantial evidence is required. In the instant cause, the State's case was fully proven through the eyewitness testimony of Campise and Rocha. In view of such...
To continue reading
Request your trial
-
McIntire v. State
...an abuse of discretion for the trial court to deny a motion for new trial. Appleman v. State, supra. Furthermore, in Darrington v. State, 623 S.W.2d 414 (Tex.Cr.App.1981), a panel of this Court found no error in overruling a motion for new trial without a hearing when no affidavit was filed......
-
Fielding v. State
...the record. Under these circumstances, the trial court did not err in denying Fielding a hearing on his motion. Darrington v. State, 623 S.W.2d 414, 416 (Tex.Crim.App.1981). Appellant's seventh ground of error is V. Due Process Finally, appellant contends that the sentencing process and sen......
-
Wilson v. State
...v. State, 570 S.W.2d 929, 932 (Tex.Cr.App.1978); Ransonette v. State, 550 S.W.2d 36, 42 (Tex.Cr.App.1976). See also Darrington v. State, 623 S.W.2d 414 (Tex.Cr.App.1981); Vaughn v. State, 607 S.W.2d 914 (Tex.Cr.App.1980); Ahearn v. State, 588 S.W.2d 327 (Tex.Cr.App.1979); Nixon v. State, 57......
-
Baker v. State
...Ahearn v. State, 588 S.W.2d 327 (Tex.Cr.App.1979); Vaughn v. State, 607 S.W.2d 914 (Tex.Cr.App.1980); Darrington v. State, 623 S.W.2d 414 (Tex.Cr.App.1981); 13A Tex.Digest, Crim.Law Key The rule gave reference to the role of jurors as factfinders who had heard the witnesses and observed the......