Holloway v. State, s. 67979
| Decision Date | 07 March 1984 |
| Docket Number | Nos. 67979,67980,s. 67979 |
| Citation | 666 S.W.2d 104 |
| Parties | Reginald Harris HOLLOWAY, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
These are appeals from a conviction for aggravated robbery in our Cause Number 67980 and a revocation of probation in our Cause Number 67979. Punishment in Cause Number 67980 was assessed at twenty years. Punishment in Cause Number 67979 was assessed at three years.
The appellant's briefs in the instant cases merely urge five "propositions of law". They contain no citation to authority. What little argument is contained in the briefs is in actuality a mere recitation of facts and offers no legal analysis. However, because we feel we can understand appellant's "propositions of law", we will address them. Again, we feel the need to remind the practitioners of this State to conform to the requirements of Article 40.09(9), V.A.C.C.P., when they submit briefs.
Appellant argues that the evidence is insufficient to sustain a conviction for aggravated robbery. Appellant has furnished us with no argument or authorities to support his contention.
Appellant was indicted as follows:
"... REGINALD H. HOLLOWAY ... did unlawfully, then and there while in the course of committing theft and with intent to obtain and maintain control of the property of Willie Dean Turner, hereinafter called complainant, the said property being current money of the United States of America, without the effective consent of the said complainant and with intent to deprive the said complainant of said property, did then and there by using and exhibiting a deadly weapon, to-wit: a handgun, knowingly and intentionally threaten and place the said complainant in fear of imminent bodily injury, ..."
The jury was instructed on the law of parties.
Willie Dean Turner testified that he was walking home from a store at approximately 9:00 p.m. on November 9, 1979. As Turner was walking under a freeway bridge, he heard someone walking behind him. He turned around and saw the appellant and another individual. Appellant's companion pointed a .22 pistol at Turner's face while appellant searched Turner and relieved Turner of all his money. After appellant had taken Turner's money, appellant's companion handed appellant the gun and ran off. The appellant then told Turner not to move until they left. Appellant then fled. At trial Turner testified that he was afraid appellant might hurt him if he did not do as he was instructed. The evidence is clearly sufficient to support appellant's conviction.
In his first ground of error, appellant argues that the trial court committed error in overruling his challenge of prospective juror Evelyn Harper. The record shows that after the trial court overruled his challenge for cause, appellant used one of his peremptory challenges on Harper and thereafter exhausted all of his peremptory challenges. Appellant's request for an additional peremptory challenge because he had been forced to take an objectionable juror was denied.
During the voir dire examination, prospective juror Harper informed the court that her home had recently been burglarized and she wanted the court to know she was not sure how this experience would affect her as a juror. She was then questioned in pertinent part as follows:
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...See Wolfe v. State, 147 Tex.Cr.R. 62, 178 S.W.2d 274 (1944); Hernandez v. State, 563 S.W.2d 947 (Tex.Cr.App.1978); Holloway v. State, 666 S.W.2d 104 (Tex.Cr.App.1984); Turner v. State, 671 S.W.2d 679 (Tex.App.-Dallas At the conclusion of the voir dire examination of venireman Margaret Susan......
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...is merely conclusory, and presents nothing for review. See Reyes v. State, 647 S.W.2d 255 (Tex.Cr.App.1983); see also Holloway v. State, 666 S.W.2d 104 (Tex.Cr.App.1984); Tex.R.App.P. 74(d). The fourth point of error is In his fifth point of error, the appellant complains that "the trial co......
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...notice of the instrument containing the terms and conditions of probation as part of the court records in the cause. Holloway v. State , 666 S.W.2d 104 (Tex. Cr.App. 1984). Rule 201(e) provides that a party is entitled to be heard as to the propriety of the court taking judicial notice and ......
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...notice of the instrument containing the terms and conditions of probation as part of the court records in the cause. Holloway v. State , 666 S.W.2d 104 (Tex. Crim. App. 1984). Rule 201(e) provides that a party is entitled to be heard as to the propriety of the court taking judicial notice a......
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Table of cases
...1995, pet. ref’d ), §17:82 Hollins v. State, 876 S.W.2d 923 (Tex.App.—Houston [1st Dist.] 1993, no pet .), §15:212 Holloway v. State , 666 S.W.2d 104 (Tex.Cr.App. 1984), §15:181 Holloway v. State , 780 S.W.2d 787 (Tex.Cr.App. 1989), §§4:40, 5:80, 5:102, 9:52 Holloway v. State , 781 S.W.2d 6......