Walter v. State

Decision Date30 August 2019
Docket NumberNo. 11-17-00002-CR,11-17-00002-CR
Citation581 S.W.3d 957
Parties Violet Maree WALTER, Appellant v. The STATE of Texas, Appellee
CourtTexas Court of Appeals

M. Michele Greene, for Appellant.

Shane Deel, District Attorney, for Appellee.

Panel consists of: Bailey, C.J., Stretcher, J., and Wright, S.C.J.1

JOHN M. BAILEY, CHIEF JUSTICE

At the conclusion of a joint trial, the jury convicted Appellant, Violet Maree Walter, and her husband, Phillip Jay Walter, Jr., of murder, robbery, and theft of a firearm.2 See TEX. PENAL CODE ANN. §§ 19.02, 29.02, 31.03 (West 2019). The trial court assessed Appellant's punishment at confinement in the Institutional Division of the Texas Department of Criminal Justice for forty years for the murder conviction and for twenty years for the robbery conviction. The trial court also assessed Appellant's punishment at confinement in the State Jail Division of the Texas Department of Criminal Justice for a term of two years for the conviction for theft of a firearm. Additionally, the trial court ordered that the sentences are to run concurrently.3 Appellant challenges her convictions in seven issues on appeal. We affirm.

Background Facts

Don Allen, a police officer with the Abilene Police Department, was found dead at his home in Clyde on August 31, 2015. Approximately one week before his death, Allen placed an advertisement on Craigslist seeking an unconventional sexual encounter. Appellant responded to Allen's post on August 29, 2015, writing: "Still looking? Sexy couple in their 20s.... Down for anything." For the next couple of days, Appellant and Allen e-mailed each other about the prospect of a sexual encounter between Appellant, Allen, and Walter. Eventually, Allen invited Appellant and Walter to his home in Clyde on the afternoon of August 31.

That evening, Allen's fiancée found Allen dead in their bedroom, lying facedown on the floor. Allen was wearing only a T-shirt and socks; he was otherwise naked. His hands and ankles had been bound by USB cords, with his hands tied behind his back. Another USB cord, along with Allen's shorts, was loosely wrapped around Allen's face and neck. There was no evidence of forced entry or a struggle inside the home.

One of Allen's neighbors told investigators that he saw a male and a female arrive at Allen's home that afternoon. Another one of Allen's neighbors saw a vehicle near Allen's home. The neighbor provided the police with the vehicle's make, color, and model. Investigators discovered that Walter owned a vehicle similar to the vehicle seen near Allen's home.

Video surveillance from a pawn shop in Abilene showed Walter, accompanied by Appellant, pawning four video games and a woman's bracelet on the evening of August 31. The same four video games had been recently played on Allen's video game console, and Allen's fiancée identified the pawned bracelet as her bracelet. Investigators also identified Walter's fingerprint on a water bottle at Allen's home.

Appellant and Walter were subsequently arrested. Police officers searched their apartment pursuant to a search warrant. In the apartment, the police found an Abilene Police Department badge, a Taser, handcuffs, and an ASP case that had been issued to Allen as an Abilene Police Officer. Allen's firearm was returned to police by a confidential informant, and Allen's police radio was found on the side of a highway, two miles east of Clyde.

During the search of the apartment, the police also found Appellant's and Walter's cell phones. The police searched the phones pursuant to additional search warrants. Appellant's text messages to Walter revealed that they were experiencing financial difficulties at the time and were in the process of being evicted from their apartment. Appellant sent Walter several text messages on the day of Allen's death, urging Walter to do something to remedy their dire financial situation. For example, she sent Walter the following text messages on August 31: "Go f--k someone else and restore our s--t," "Hurry up and fix this," "DO SOMETHING NOW," and "You NEED to do this. Your fear of a police report versus LOSING us should be bigger. Your need to feed and house your CHILDREN should be bigger tha[n] ANYTHING."

After Appellant set up the meeting with Allen at Allen's home in Clyde, Appellant texted Walter that "[w]e have that Clyde lick," "[w]e MUST do it and do it hard," and "[t]he lick is waiting." The State presented evidence that a "lick" refers to robbery or thievery.

During closing argument, Appellant and Walter argued that Allen consented to being choked and that he died during "high-risk sex." To support this theory, the defense stressed the state in which Allen's body was found and the lack of any evidence indicating a struggle or resistance to the USB cables around his wrists or ankles.

Analysis

Appellant challenges her convictions in seven issues on appeal. Specifically, she asserts that (1) the trial court abused its discretion by admitting text messages from her cell phone over her objections that the evidence was irrelevant, unfairly prejudicial, and inadmissible character evidence; (2) the trial court erred by admitting three deleted text messages over her authenticity objection; (3) the trial court abused its discretion by admitting text messages over her Confrontation Clause objection; (4) the trial court abused its discretion by denying her motion for continuance; (5) the trial court abused its discretion by denying her second motion for continuance; (6) the State's evidence was insufficient to convict her of murder and robbery; and (7) the trial court erred by submitting a jury instruction on the law of parties.

Sufficiency of the Evidence

In her sixth issue, Appellant contends that the State's evidence was insufficient to convict her of murder and robbery. We review a challenge to the sufficiency of the evidence, regardless of whether it is denominated as a legal or factual sufficiency challenge, under the standard of review set forth in Jackson v. Virginia , 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). Brooks v. State , 323 S.W.3d 893, 912 (Tex. Crim. App. 2010) ; Polk v. State , 337 S.W.3d 286, 288–89 (Tex. App.—Eastland 2010, pet. ref'd). Under the Jackson standard, we review all of the evidence in the light most favorable to the verdict and determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Jackson , 443 U.S. at 319, 99 S.Ct. 2781 ; Isassi v. State , 330 S.W.3d 633, 638 (Tex. Crim. App. 2010).

When conducting a sufficiency review, we consider all the evidence admitted at trial, including pieces of evidence that may have been improperly admitted. Winfrey v. State , 393 S.W.3d 763, 767 (Tex. Crim. App. 2013) ; Clayton v. State , 235 S.W.3d 772, 778 (Tex. Crim. App. 2007). We defer to the factfinder's role as the sole judge of the witnesses' credibility and the weight their testimony is to be afforded. Brooks , 323 S.W.3d at 899. This standard accounts for the factfinder's duty to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts. Jackson , 443 U.S. at 319, 99 S.Ct. 2781 ; Clayton , 235 S.W.3d at 778. When the record supports conflicting inferences, we presume that the factfinder resolved the conflicts in favor of the verdict, and we defer to that determination. Jackson , 443 U.S. at 326, 99 S.Ct. 2781 ; Clayton , 235 S.W.3d at 778.

To determine whether the State has met its burden under Jackson to prove a defendant's guilt beyond a reasonable doubt, we compare the elements of the crime as defined by the hypothetically correct jury charge to the evidence adduced at trial. Thomas v. State , 444 S.W.3d 4, 8 (Tex. Crim. App. 2014) (citing Malik v. State , 953 S.W.2d 234, 240 (Tex. Crim. App. 1997) ). Such a charge is one that accurately sets out the law, is authorized by the indictment, does not unnecessarily increase the State's burden of proof or restrict the State's theories of liability, and adequately describes the particular offense for which the defendant was tried. Id. The law as authorized by the indictment means the statutory elements of the charged offense as modified by the factual details and legal theories contained in the charging instrument. See id. When, as here, the court's charge authorized the jury to convict the defendant on more than one theory, the verdict of guilt will be upheld if the evidence is sufficient on any theory authorized by the charge. See Guevara v. State , 152 S.W.3d 45, 49 (Tex. Crim. App. 2004) (citing Rabbani v. State , 847 S.W.2d 555, 558 (Tex. Crim. App. 1992) ).

The indictment charged Appellant with murder under all three statutorily defined ways to commit the offense. See PENAL § 19.02(b)(1)(3). Under these statutory provisions, a person commits the offense of murder if he (1) "intentionally or knowingly causes the death of an individual," (2) "intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual," or (3) "commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual." Id. These three methods of committing murder are not separate offenses but, rather, are alternative methods of committing the same offense. Smith v. State , 436 S.W.3d 353, 378 (Tex. App.—Houston [14th Dist.] 2014, pet. ref'd).

Under Section 19.02(b)(1), the indictment alleged that Appellant intentionally or knowingly caused Allen's death by asphyxiation by choking, strangling, or otherwise impeding his breathing. Under Section 19.02(b)(2), the indictment alleged that Appellant committed an act clearly dangerous to human life by choking, strangling, or otherwise impeding Allen's...

To continue reading

Request your trial
37 cases
  • T.L. v. Cook Children's Med. Ctr.
    • United States
    • Texas Court of Appeals
    • July 24, 2020
    ...patients). Moreover, the consent of the decedent has never been a defense to the crime of homicide. See Walter v. State , 581 S.W.3d 957, 969 (Tex. App.—Eastland 2019, pet. ref'd) (affirming murder conviction and rejecting consensual sexual asphyxia defense). But cf. Tex. Penal Code Ann. § ......
  • Arevalo v. State
    • United States
    • Texas Court of Appeals
    • August 31, 2023
    ...relevant evidence and carries a presumption that relevant evidence [is] more probative than prejudicial." Walter v. State , 581 S.W.3d 957, 978 (Tex. App.—Eastland 2019, pet. ref'd) (quoting Hayes v. State , 85 S.W.3d 809, 815 (Tex. Crim. App. 2002) ). An analysis under Rule 403 includes, b......
  • Luna v. State
    • United States
    • Texas Court of Appeals
    • March 21, 2024
    ...than prejudicial. Hall v. State, 663 S.W.3d 15, 34 (Tex. Crim. App. 2021); Arevalo, 675 S.W.3d at 851; Walter v. State, 581 S.W.3d 957, 978 (Tex. App.—Eastland 2019, pet. ref'd) (quoting Hayes v. State, 85 S.W.3d 809, 815 (Tex. Crim. App. 2002)). However, Rule 403 also provides that relevan......
  • Ruiz v. State
    • United States
    • Texas Court of Appeals
    • July 30, 2021
    ...372, 391 (Tex. Crim. App. 1990) ); Kelly v. State , 824 S.W.2d 568, 574 & n.14 (Tex. Crim. App. 1992) ; Walter v. State , 581 S.W.3d 957, 977 (Tex. App.—Eastland 2019, pet. ref'd). We will not reverse a trial court's decision to exclude evidence, and there is no abuse of discretion, unless ......
  • Request a trial to view additional results
1 books & journal articles
  • CHAPTER 4.I. Motion Authorities
    • United States
    • Full Court Press Texas Motions in Limine Title Chapter 4 Writings and Physical Evidence
    • Invalid date
    ...Crim. App. 1989) (court may conduct preliminary hearing outside presence of jury during trial's guilt/innocence phase). Walter v. State, 581 S.W.3d 957, 982 (Tex. App.—Eastland 2019, pet. ref'd) ("It is within the jury's purview to 'determine whether an item of evidence is indeed what its p......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT