Sims v. State
| Decision Date | 26 January 1977 |
| Docket Number | No. 52612,52612 |
| Citation | 546 S.W.2d 296 |
| Parties | Don SIMS, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Appellant was tried by a jury on an indictment alleging the felony offense of intentionally and knowingly carrying a pistol on premises licensed by the State of Texas for the sale and service of alcoholic beverages. He was acquitted of said felony offense and convicted of the lesser included misdemeanor offense under V.T.C.A., Penal Code, Sec. 46.02, of intentionally and knowingly carrying on or about his person a handgun, and punishment was assessed at 90 days jail time and a $2,000.00 fine.
Bob McBride testified that on June 10, 1975, he owned and operated a private club known as the Timbers Club in Erath County, that shortly after closing said club after 12:00 p.m. on said date he and a fellow employee, Billy Baskel, were standing together in the parking area about ten feet out from the front door when a car, sliding and spinning its wheels, drove within about 15 feet of him and Baskel with a gun sticking out of the window on the driver's side which was fired several times, With the driver of the automobile holding said pistol. Said Billy Baskel testified that he saw the trial come from the pistol which was on the driver's side upon the firing of the second shot; that at the time of the said second shot said car had turned in front of him and was approximately 15 feet away from him; that he immediately ran up to within five feet of said car in an effort to get the license number of same; that as he did so, when the car went by him, the driver turned and looked back with the light in the parking lot shining right on him; And that he could tell who the driver was and it was Don Sims, whom he then identified as the defendant in the courtroom.
Appellant's contention of insufficient evidence is clearly shown by the above to be without merit.
Appellant's grounds of error which raise the question of effective assistance of counsel are primarily based on allegations by appellate counsel that trial counsel should have requested a charge on circumstantial evidence, that reputation witnesses should have been called in appellant's behalf, that appellant should have been called to the witness stand, and after acquittal of the felony an application for misdemeanor probation should have been filed, proved up and presented to the jury.
The evidence set out above unequivocally demonstrates that no charge on circumstantial evidence was required and trial counsel quite properly refrained from burdening the trial court with such frivolous request. Said other allegations pertaining to the representation afforded the accused by trial counsel are attempted to be presented by the court reporter's notes of a hearing held approximately five months after notice of appeal which was approved by the trial court as a bill of...
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Ex parte Campbell
...that a pistol is necessarily a handgun and the term "pistol" includes the sense and the meaning of the term "handgun." Sims v. State, 546 S.W.2d 296, 298 (Tex.Cr.App.1977). In Dade v. State, 622 S.W.2d 580 (Tex.Cr.App.1981), it was "Finally, the indictment unequivocally states that the impl......
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...by counsel, such as failure to call witnesses, see Jones v. State, Tex.Cr.App., 501 S.W.2d 677; including the accused, Sims v. State, Tex.Cr.App., 546 S.W.2d 296 (Decided January 26, 1977); failure to vigorously cross examine witnesses, Rockwood v. State, 524 S.W.2d 292; failure to make clo......
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...Jacquez v. State, 579 S.W.2d 247, 249 (Tex.Crim.App.1979); Seaton v. State, 564 S.W.2d 721, 726 (Tex.Crim.App.1978); Sims v. State, 546 S.W.2d 296, 298 (Tex.Crim.App.1977); see also Murphy v. State, 665 S.W.2d 116, 118 (Tex.Crim.App.1983), cert. denied, 469 U.S. 821, 105 S.Ct. 93, 83 L.Ed.2......
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Johnson v. State
...We find the evidence adduced at trial sufficient to sustain the conviction. Ruiz v. State, Tex.Cr.App., 368 S.W.2d 609; Sims v. State, Tex.Cr.App., 546 S.W.2d 296. Appellant's contention is The judgment is affirmed. 1 V.T.C.A., Penal Code, Sec. 46.02(a) provides:2 V.T.C.A., Penal Code, Sec.......
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Offenses against public health, safety, and morals
...v. State , 534 S.W.2d 698 (Tex.Crim.App. 1976), and carrying a weapon on a premises licensed to sell alcoholic beverages. Sims v. State , 546 S.W.2d 296 (Tex.Crim.App. 1977), overruled in part, Williams v. State , 549 S.W.2d 734 (Tex.Crim.App. 1977) (holding that the evidence presented at t......