Stewart v. State
| Decision Date | 12 December 2001 |
| Docket Number | 10,1000062CR |
| Parties | DONALD R. STEWART, Appellant v. THE STATE OF TEXAS, AppelleeCourt of Appeals of Texas, Waco |
| Court | Texas Court of Appeals |
From the 40th District Court Ellis County, Texas Trial Court Nos. 24391 and 24392CR
Before Chief Justice Davis, Justice Vance, and Justice Gray
A grand jury presented separate indictments against Donald Stewart for failure to stop and render aid ("FSRA") and manslaughter. After a combined trial on both charges, a jury convicted him of FSRA and criminally negligent homicide, a lesser included offense of the manslaughter charge. The jury sentenced him to three years' confinement for FSRA and three-and-one-half years' confinement for criminally negligent homicide. Stewart perfected a separate appeal for each conviction.
In the FSRA appeal, docketed in this Court under cause number 10-00-062-CR, Stewart claims in two points that: 1) the evidence is factually insufficient to support a conviction; and 2) the trial court's punishment charge in the criminally negligent homicide case improperly influenced the jury's assessment of punishment for FSRA. With regard to the criminally negligent homicide appeal, docketed in this Court under cause number 10-00-063-CR, Stewart alleges in four points that the trial court erred: 1) because the evidence is legally and factually insufficient to support the conviction for criminally negligent homicide; 2) by denying his motion to quash the indictment; 3) by failing to instruct the jury on concurrent causation; and 4) during the punishment phase by not requiring the jury to make a deadly weapon finding.
Stewart and a passenger, Bernadette Esparza, were driving home together from a club when Stewart's truck overturned as he was passing another car. The truck rolled over several times, ejecting Esparza. Esparza died shortly thereafter. The State charged Stewart with manslaughter and FSRA.Legal and Factual Sufficiency
Stewart argues in the first point of his FSRA appeal that the evidence is factually insufficient to support a conviction for failure to stop and render aid. He also contends in the first point of his homicide appeal that the evidence is legally and factually insufficient to support a conviction for criminally negligent homicide.
We review the evidence in a legal sufficiency challenge in the light most favorable to the verdict and ask whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. See Lacour v. State, 8 S.W.3d 670, 671 (Tex. Crim. App. 2000) (citing Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979)). The factfinder is entitled to evaluate the credibility of witnesses and is entitled to believe all, some or none of the evidence presented. See Chambers v. State, 805 S.W.2d 459, 461 (Tex. Crim. App. 1991). A jury verdict must stand unless it is found to be irrational or unsupported by some evidence. See Moreno v. State, 755 S.W.2d 866, 868 (Tex. Crim. App. 1988) (citing Jackson, 443 U.S. at 319, 99 S.Ct. at 2789)).
When we review a factual sufficiency challenge, we view all the evidence in a neutral light and reverse only if the verdict is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Johnson v. State, 23 S.W.3d 1, 13 (Tex. Crim. App. 2000) (citing Clewis v. State, 922 S.W.2d 126, 129 (Tex. Crim. App. 1996)); Perkins v. State, 19 S.W.3d 854, 856 (Tex. App. Waco 2000, pet. ref'd.). This occurs when "the proof of guilt is so obviously weak as to undermine confidence in the jury's determination, or the proof of guilt, although adequate if taken alone, is greatly outweighed by contrary proof. Johnson, 23 S.W.3d at 11. This review must defer to the jury verdict so as to avoid an appellate court substituting its judgment for that of the jury. See Cain v. State, 958 S.W.2d 404, 407 (Tex. Crim. App. 1997); Clewis, 922 S.W.2d at 133.
Stewart claims that the evidence is factually insufficient to prove he knowingly left the scene of the accident and that it was apparent Esparza required medical attention. The elements of failure to stop and render aid are: 1) an operator of a motor vehicle; 2) intentionally and knowingly; 3) involved in an accident; 4) resulting in personal injury or death; 5) fails to stop and render reasonable assistance. See St. Clair v. State, 26 S.W.3d 89, 98 (Tex. App. Waco 2000, pet. ref'd.). The culpable mental state for FSRA is proven by showing that "the accused had knowledge of the circumstances surrounding his conduct," meaning that the defendant had knowledge that an accident occurred. Id. The fifth element may be satisfied by proof that the operator of a motor vehicle knowingly involved in an accident involving injury or death failed to remain at the scene until he had given his name, address and vehicle information, shown his drivers license to anyone involved, or provided any person injured in the accident reasonable assistance. Id. at 99.
The indictment in this case alleges that Stewart committed the offense by: 1) leaving the scene of the accident without giving his name, address and registration number of the vehicle, or the name of his motor vehicle insurance carrier to anyone; and 2) by leaving the scene without rendering reasonable assistance to Esparza when it was apparent she was in need of treatment.
Several witnesses testified that after the truck overturned and came to a complete stop, Stewart was seen leaving the scene of the accident. The witnesses testified that they called out to Stewart as he was running away. They testified that he stopped, turned and looked, then continued away from the scene. The State also introduced testimony that Stewart did not leave any type of information with witnesses, nor did he render any assistance to Esparza.
Stewart claims it was not apparent that Esparza needed medical treatment at the scene. However, witnesses testified she was thrown from the vehicle and came to rest several yards away from the vehicle. The witnesses testified that they located her at the scene and it was obvious she needed medical treatment. Stewart did not present any evidence to the contrary.
Based on the record in this case, we find the evidence is factually sufficient to support the conviction for FSRA. Accordingly, we overrule point one in the FSRA appeal.
Stewart claims the evidence is legally and factually insufficient to support a conviction for criminally negligent homicide. He argues the evidence is insufficient to prove, beyond a reasonable doubt, that his acts caused the automobile accident resulting in the death of Esparza. Christy Cooper witnessed the accident in her rear view mirror and testified that immediately prior to the accident Stewart was driving recklessly, changing lanes in an unsafe manner, and driving at an unsafe speed. Hailey Mae testified that Stewart passed her in the correct lane, but when he passed her the truck began flipping. She could not say why the truck began flipping over. Cecil Whitten was behind Stewart when the accident occurred. He stated that Stewart almost rear-ended him and swerved around him dangerously. Whitten testified that Stewart ran up behind two cars very closely, straddling the middle stripe, and as the car in the left-hand lane began to move into the right-hand lane, Stewart accelerated and swerved into the left lane to pass. Whitten testified that as Stewart was passing, his car overshot the left lane and drove onto the shoulder. According to Whitten's testimony, Stewart then overcorrected to the right and the truck began to turn over. The truck crossed the left and right hand lanes and rested on the right-hand shoulder. Officer David Miranda's investigation at the scene corroborated Whitten's testimony.
Viewing the evidence in the light most favorable to the verdict, we conclude the evidence is legally sufficient to support the conviction for criminally negligent homicide. Viewing all the evidence in a neutral light, we conclude the evidence is factually sufficient to support the conviction for criminally negligent homicide. Accordingly, we overrule point one in the criminally negligent homicide case.
Stewart's second point in the homicide appeal alleges that the indictment for manslaughter is insufficient because it does not state with certainty the acts or circumstances alleged to be reckless. He argues the indictment does not provide sufficient notice of the nature of his alleged recklessness, because it does not state why the acts alleged in the indictment were reckless.
The indictment alleges that Stewart recklessly caused the death of Esparza by operating a motor vehicle and:
1) failing to keep a proper lookout for other vehicles he was approaching;
2) failing to keep his vehicle under proper control;
3) failing to timely apply the brakes to his vehicle;
4) failing to maintain his vehicle in a single lane of traffic;
5) driving his vehicle at too great a rate of speed while approaching other vehicles traveling in the same direction at a slower rate of speed;
which caused the truck to leave the roadway and overturn, causing Bernadette Esparza to be ejected.
Under article 21.15 of the Code of Criminal Procedure, an indictment must allege with reasonable certainty the act or acts relied upon to constitute recklessness. See Tex. Code Crim. Pro. Ann. art. 21.15 (Vernon Supp. 1989). The Court of Criminal Appeals held that an indictment alleging solely that a defendant "drove a motor vehicle at an excessive speed" is sufficient for purposes of article 21.15. See Townsley v. State, 538 S.W.2d 411, 412 (Tex. Crim. App. 1976). Therefore, we find the indictment alleges with...
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