Woodrow Samuel Williams v. State ( 2020 )


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  •                                       In The
    Court of Appeals
    Ninth District of Texas at Beaumont
    __________________
    NO. 09-18-00479-CR
    __________________
    WOODROW SAMUEL WILLIAMS, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    __________________________________________________________________
    On Appeal from the 258th District Court
    San Jacinto County, Texas
    Trial Cause No. 12,504
    __________________________________________________________________
    MEMORANDUM OPINION
    A jury convicted Woodrow Samuel Williams of aggravated robbery, and the
    trial court assessed punishment at confinement for life. In his sole issue on appeal,
    Williams argues that the evidence is insufficient to support his conviction because
    the State failed to produce sufficient evidence to corroborate the accomplice witness
    testimony. The State asserts that the accomplice testimony was sufficiently
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    corroborated by independent evidence tending to connect Williams with the crime.
    We affirm the trial court’s judgment.
    Article 38.14 of the Texas Code of Criminal Procedure provides that a
    defendant cannot be convicted of an offense upon the testimony of an accomplice
    without other corroborating evidence tending to connect the defendant to the offense
    committed. Tex. Code Crim. Proc. Ann. art. 38.14. When conducting a sufficiency
    review of the non-accomplice witness evidence under article 38.14, we eliminate the
    accomplice testimony and examine the remaining portions of the record to determine
    if there is any evidence that tends to connect the defendant to the commission of the
    offense. Smith v. State, 
    332 S.W.3d 425
    , 442 (Tex. Crim. App. 2011); Solomon v.
    State, 
    49 S.W.3d 356
    , 361 (Tex. Crim. App. 2001). “The direct or circumstantial
    non-accomplice evidence is sufficient corroboration if it shows that rational jurors
    could have found that it sufficiently tended to connect the accused to the offense.”
    Smith, 
    332 S.W.3d at 442
    ; see also Simmons v. State, 
    282 S.W.3d 504
    , 508 (Tex.
    Crim. App. 2009). No particular amount of corroborating evidence is required for
    sufficiency purposes. Malone v. State, 
    253 S.W.3d 253
    , 257 (Tex. Crim. App. 2008).
    “‘Tendency to connect’ rather than rational sufficiency is the standard[;] the
    corroborating evidence need not be sufficient by itself to establish guilt.” Solomon,
    
    49 S.W.3d at 361
    . The corroborating evidence need not directly link the defendant
    2
    to the commission of the crime. Vafaiyan v. State, 
    279 S.W.3d 374
    , 385 (Tex.
    App.—Fort Worth 2008, pet. ref’d). There simply needs to be other evidence tending
    to connect the defendant to the crime. 
    Id.
     When there are conflicting views of the
    evidence, we defer to the factfinder’s resolution of the evidence. Smith, 
    332 S.W.3d at 442
    ; Simmons, 
    282 S.W.3d at 508
    .
    The jury heard Ronald Yex, the accomplice witness, testify that he and
    Williams committed the robbery together. Yex explained that he went into the store
    with a gun and stole cigarettes and money, and Williams was the driver of the van,
    which belonged to Williams’s parents. In conducting our sufficiency review, we
    eliminate Yex’s testimony and review the entire record to determine whether the
    non-accomplice inculpatory evidence tends to connect Williams to the commission
    of the aggravated robbery. See Smith, 
    332 S.W.3d at 442
    ; Solomon, 
    49 S.W.3d at 361-62
    .
    The jury heard testimony from Deputy Omar Sheikh with the San Jacinto
    Sheriff’s Office, who testified that he responded to an aggravated robbery at the
    Shell station in Coldspring, and dispatch reported that the vehicle used in the robbery
    was a tan van. Sheikh testified that his stop of the suspect vehicle was recorded on
    his dash cam video. Sheikh explained that when he stopped the van, a white male
    matching the description of the suspect exited the passenger side of the van and ran,
    3
    and Sheikh called in the van’s license plate before he pursued the suspect. Sheikh
    caught the suspect, who was identified as Yex, and recovered the gun used in the
    robbery, but the driver fled in the van.
    The jury heard testimony from V.W., the manager of the store that was
    robbed. V.W. testified that surveillance cameras from inside the store recorded the
    robbery and the outside camera recorded the parking lot, and V.W. provided the
    police with copies of the recordings. V.W. identified Yex as the robber, and she
    testified that Yex ran toward a tan van when he left the store.
    Detective Gary Sharpen testified that he investigated the robbery and viewed
    the surveillance videos from the store and Sheikh’s dash cam video. Sharpen
    testified that he conducted surveillance on the van used in the robbery and observed
    Williams driving the van. Sharpen testified that when Williams was arrested, he was
    driving the van, and the registered owner of the van was Williams’s stepfather.
    Williams’s stepfather testified that he owns the van and allowed Williams to drive
    it, and that Williams was in possession of the van when he was arrested.
    In addition, the jury heard M.R., a witness for the defense, testify that she
    currently resides in the state jail, and that when she talked to Williams, Williams told
    her that he was in jail for a charge that occurred when Williams and M.R. were
    fishing together. According to M.R., Williams asked her to testify in his defense,
    4
    and M.R. agreed, but M.R. testified that she was “high” on methamphetamine when
    she went fishing with Williams and was unable to recall the date. A.M. also testified
    in Williams’s defense. According to A.M., Williams was “too nice” with his parents’
    van and loaned it out for her and others to use. According to A.M., the day the
    robbery occurred, she saw Williams riding around with a girl looking for his van,
    and Williams told her that RJ had the van. The jury also considered a written
    statement from J.B, in which J.B. stated that when he was in jail, he heard Yex say
    that he committed the robbery with his brother.
    We conclude that a rational juror could have found that the non-accomplice
    evidence sufficiently tends to connect Williams to the aggravated robbery. See
    Smith, 
    332 S.W.3d at 442
    ; Simmons, 
    282 S.W.3d at 508
    ; Solomon, 
    49 S.W.3d at 361-62
    ; see also generally Tex. Code Crim. Proc. Ann. art. 38.14. Accordingly, we
    further conclude that the evidence is sufficient to support Williams’s conviction. We
    overrule Williams’s sole issue and affirm the trial court’s judgment.
    AFFIRMED.
    ______________________________
    STEVE McKEITHEN
    Chief Justice
    Submitted on January 2, 2020
    Opinion Delivered April 15, 2020
    Do Not Publish
    5
    Before McKeithen, C.J., Kreger and Horton, JJ.
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