Simpson v. State, 041018 TXCA1, 01-17-00158-CR

Docket Nº:01-17-00158-CR
Opinion Judge:Jennifer Caughey Justice.
Party Name:JOHN LARUE SIMPSON, Appellant v. THE STATE OF TEXAS, Appellee
Judge Panel:Panel consists of Justices Bland, Lloyd, and Caughey.
Case Date:April 10, 2018
Court:Court of Appeals of Texas
 
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JOHN LARUE SIMPSON, Appellant

v.

THE STATE OF TEXAS, Appellee

No. 01-17-00158-CR

Court of Appeals of Texas, First District

April 10, 2018

          On Appeal from the 339th District Court Harris County, Texas Trial Court Case No. 1484513

          Panel consists of Justices Bland, Lloyd, and Caughey.

          OPINION

          Jennifer Caughey Justice.

         A jury convicted John Larue Simpson of murder and assessed his punishment at life in prison and a $10, 000 fine. On appeal, Simpson argues that the trial court erred by failing to sua sponte instruct the jury on sudden passion. We find no error and affirm.

         Background

         Shazaib "Shawn" Nizamani and Javed Nizamani worked at Barrett Grocery Store. On October 8, 2015, Simpson and other men were loitering outside the store, drinking, and being noisy. Shawn and Javed had previously encountered Simpson, and they decided he was not allowed in the store.

         Shawn told the group of loitering men that they needed to leave, and he and Simpson got into a heated argument. Shawn and Javed tried to lure Simpson into the store so Simpson could be arrested for trespassing. When these efforts failed, Javed called 911. Shawn and Javed continued arguing with Simpson from inside the store while Simpson stood outside. Eventually, Shawn hit the inside of the front window of the store in frustration, shattering the glass.

         Simpson walked away from the store and talked to two of the men with him. He then walked down the street, away from the store. Approximately 20 minutes later, Simpson came back to the store wearing different clothes. He fired a gun through the broken front window, hitting Shawn and killing Javed.

         Simpson was arrested one week later and charged with murder. The jury found Simpson guilty of murder and assessed his punishment at life in prison. Simpson did not request a sudden passion jury instruction; nor did he object to its absence.

         Simpson appealed.

         Discussion

         In his sole issue, Simpson contends that the trial court erred by failing to sua sponte instruct the jury on sudden passion. It did not.

         A. Standard of Review

         In ...

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