Ex Parte Christina Martinez, Applicant.

• Decision Date: 12 January 2011
• Docket Number: No. AP–76,413.,AP–76,413.
• Citation: 330 S.W.3d 891
• Parties: Ex parte Christina MARTINEZ, Applicant.
• Court: Texas Court of Criminal Appeals

330 S.W.3d 891

Ex parte Christina MARTINEZ, Applicant.

No. AP–76,413.

Court of Criminal Appeals of Texas.

Jan. 12, 2011.

[330 S.W.3d 893]

Adrienne A. Dunn, Dallas, for Appellant.Michael J. West, Asst. Crim. D.A., Tyler, Lisa C. McMinn, State's Atty., Austin, for State.

OPINION MEYERS, J., delivered the opinion of the Court, in which PRICE, WOMACK, KEASLER, and HERVEY, JJ., joined.

Applicant was charged with capital murder as a party to the offense. A jury found her guilty, and she was automatically sentenced to life imprisonment. On direct appeal, the Twelfth Court of Appeals held that her trial counsel (“Counsel”) had sufficiently objected to all gang-related evidence to preserve appeal and that the trial court erred when it overruled objections to all gang-related evidence, which was irrelevant and prejudicial. Martinez v. State (Martinez I ), 147 S.W.3d 404 (Tex.App.-Tyler 2001). However, on discretionary review, this Court determined that Counsel did not properly preserve his objection, and we reversed the court of appeals. Martinez v. State (Martinez II ), 98 S.W.3d 189 (Tex.Crim.App.2003). Upon remand to consider the remaining issues, the court of appeals affirmed Applicant's conviction and sentence. Martinez v. State (Martinez III ), 147 S.W.3d 412 (Tex.App.-Tyler 2004, pet. ref'd). Applicant filed an application for writ of habeas corpus, claiming that she was denied effective representation when her Counsel failed to object to the introduction of all gang-related evidence. An evidentiary hearing was held on the writ application. The trial court entered findings of fact and conclusions of law recommending that relief be denied. We filed and set this application for writ of habeas corpus. We will hold that Counsel was not ineffective, and we will deny relief.

I. FACTS¹ AND PROCEDURAL HISTORY

Appellant was at the lake with friends and acquaintances (Hersain Gomez, Susana Arroyo, Armando Hinojosa, Michael Thompson, and Crystal Garcia) ² when the victim (Jeffrey Adam Carrier) and his passenger (Aaron Warren) approached them and inquired about obtaining marijuana. The group advised the boys ³ to return later, when they would help them. The group discussed a plan to rob the boys and also briefly discussed whether to murder them. Upon their return, the group separated the boys in accord with their plan, and the attack on the victim began. The victim was eventually subdued and dragged into the woods. The beating continued, and the victim was stabbed with a knife.

[330 S.W.3d 894]

Applicant was charged with capital murder as a party to the offense, where the State did not seek the death penalty. She retained Counsel.

A. Trial

The jury convicted Applicant of capital murder as a party to the offense, and she received a mandatory life sentence. Central to Applicant's claim of ineffective assistance is the gang-related evidence introduced by the State. Other key evidence at trial included Garcia's extensive testimony about the crime, and to corroborate that testimony, ⁴ the State relied on a videotaped statement made by Applicant to the police and her grand jury testimony.⁵

Gang-related evidence: Prior to trial, Counsel filed a motion in limine asking to exclude any evidence suggesting that Applicant and her co-defendants were in a gang. The State represented that it would introduce evidence that Applicant associated with gang members, some of whom were involved in the murder at issue. The State also asserted that it would call a detective to testify as a gang expert about gang activity in general and the Northside Crips in particular.⁶ It argued that such evidence was relevant to show that Appellant should have known of her associates' violent tendencies and, thus, should have anticipated that death would occur as a result of carrying out their plans. The judge overruled the motion and limited the admissibility of the gang evidence to the purpose of determining whether Applicant should have anticipated a murder.

At trial, Counsel objected to the first pieces of gang-related evidence offered by the State. During direct examination of its key witness, Garcia, the State aimed to establish that Applicant was affiliated with gang members by introducing two photographs. Each showed Applicant standing next to a man with no connection to the crime; the man had one arm around Applicant and the other exhibiting a gang sign. Counsel objected to the introduction of the photographs on the grounds of relevance and prejudice. The judge overruled the objections and admitted the evidence. Counsel also asked to take Garcia on voir dire with respect to the photographs, but the judge denied that request. Garcia then explained that the man in the photograph associates with the Bloods gang, and the gang sign depicted meant “crip killer.”

The State continued to question Garcia about gang-related topics. Garcia testified that all six of the defendants associated with gangs, several with the Northside Crips specifically. She also showed the jury her three-dot tattoo, which represented the phrase “mi vida loca” or “my crazy

[330 S.W.3d 895]

life.” Two other defendants, who too were associated with gangs, had the same tattoo, although Garcia admitted that having the tattoo did not necessarily mean that the person is in a gang. Further, Garcia demonstrated a gang hand sign, and she explained that females are free to hang out with rival gangs without problems, unlike males who generally stay with their particular gang. The only objection by Counsel to the evidence of gang affiliation (presented after the two photographs) was one challenging Garcia's expertise on gangs.

During its closing argument, the State highlighted Applicant's alleged gang involvement:

You know, robberies are violent. Gang members are violent. And you heard the gang testimony, and you can believe that she is an associate or a member of the Northside Crips. I think it's pretty clear or Crystal Garcia made it real clear that they don't carry cards saying, “I'm a gang member. I'm a member of the Northside Crips. I get a special discount at the movies.[”]

It's clear. You've got a gang member throwing signs with his arm around her neck. It's as clear as day that she's a gang member, and gang members are violent.

And people who talk about killing their victims after robbing the victims are violent. And when people use knives and weapons and hit people over the head with tire jacks, those are violent people. And people who give the murder weapons to a man named Demon ⁷ is a violent act.

And it shows her knowledge, and it shows her knowledge after seeing all that she had seen, and she should have anticipated that death would occur. Real simple. She should have anticipated death would occur. And she's guilty of capital murder.

Garcia's Additional Testimony: Apart from the gang-related evidence, Garcia testified extensively as to the crime generally and Applicant's involvement specifically. She explained that the group, of which Applicant was a part, developed a plan to beat up and rob the boys when they returned to buy marijuana,⁸ and that Gomez later suggested, once in Applicant's presence and again outside of her presence, that they kill the boys because punishment was essentially the same for aggravated robbery. When the boys returned, the group divided into two cars. Arroyo and Applicant rode with the boys in the victim's car while the others rode in Hinojosa's car.

When the two cars finally stopped on a remote road, the boys were told that Thompson would take the passenger to his (fictitious) uncle's house to buy marijuana. Hinojosa, Thompson, and the passenger then drove away, leaving the other individuals behind with the victim. At that time, Garcia punctured one of the tires of the victim's car pursuant to earlier directions from Gomez, directions of which Applicant was not aware. The attack on the victim began as he prepared to fix the flat tire. Applicant never physically touched the victim, but she witnessed Gomez beat him while Arroyo struck him with a car jack. After Gomez and Arroyo dragged the victim into the woods to continue the beating, Garcia stole things from inside the vehicle while Applicant attempted to conceal her involvement by wiping fingerprints from

[330 S.W.3d 896]

the car's exterior.⁹ Also, Applicant had possession of the knife that had been used to deflate the tire of the victim's car, and when asked for the knife by Gomez, Applicant handed it to Garcia with instructions to give it to Gomez, who subsequently used it to stab the victim in the heart.

Subsequently, Hinojosa, Garcia, and Applicant left to find Thompson, who was still with the passenger. They picked him up about a mile away and left the passenger there. They then returned to collect Gomez and Arroyo, who were congratulating themselves on the murder. Arroyo remarked, however, that Garcia and Applicant “didn't do shit,” and Applicant said she was glad she “didn't do nothing.” Once reunited, the group discussed how they might cover up the crime. Afterwards, still without calling the police or 9–1–1, Applicant returned to her home. Garcia accompanied Applicant, who rinsed their clothes and shoes in the sink. The girls later called a couple of friends to come over, and they paid for the taxi with ten dollars that had been taken from the victim.

Garcia's account of the murder did not go unchallenged by the defense. Counsel brought out that Garcia had written a letter from the juvenile detention center stating “the wrong people were locked up,” including Applicant because she had not physically killed the victim. Counsel also established that, while detained, Garcia told a young man that Applicant “didn't have anything to do with this.” In addition, Counsel questioned Garcia's potential bias—although Garcia denied there was any deal in exchange for her testimony, Counsel introduced evidence that the decision of whether to try Garcia as an adult had been deferred until after her...