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Cates v. State

Court of Criminal Appeals of Texas
Apr 16, 2003
102 S.W.3d 735 (Tex. Crim. App. 2003)

Summary

holding that evidence of a fatal collision, while relevant circumstantial evidence, was insufficient to support a deadly weapon finding absent evidence that the potentially intoxicated defendant used his vehicle in a deadly manner during the offense of failure to stop and render aid

Summary of this case from Couthren v. State

Opinion

No. 421-02.

Date delivered: April 16, 2003.

On Appellant's Petition for Discretionary Review from the Fourteenth Court of Appeals Harris County.

Reversed in part.

W. Troy McKinney, Houston, for Appellant.

William J. Delmore, III, Asst. DA, Houston, Matthew Paul, State's Atty., Austin, for state.

KEASLER, J., delivered the opinion of the Court joined by MEYERS, PRICE, JOHNSON, HERVEY, HOLCOMB, and COCHRAN, J.J.


OPINION


Johnny Weldon Cates, II, was convicted of failing to stop and render aid. We must decide whether the evidence was sufficient to show that his truck was used or exhibited as a deadly weapon during that offense. We conclude that it was not.

Facts

In the early morning hours of December 23, 1998, Brandon Smith was a passenger in Brent Tucker's car. Tucker lost control of the vehicle on Spring-Cypress Road in northern Houston. The car struck a concrete culvert, hit a tree, and burst into flames. Tucker pulled Smith out of the burning car and, thinking Smith would be safe, ran to find a phone to call the fire department.

But Smith was not safe. It was the middle of the night on a lonely stretch of road with no street lights. The roadway was wet, and the accident had occurred just past a curve in the road. As the neighbors awoke and a few passers-by gathered, Smith visited with them briefly and then began to walk back across the street. At that moment, a truck rounded the curve and headed straight for Smith. A witness shouted, but to no avail. The truck struck Smith, killing him. The driver of the truck slowed, then continued down the road.

Claudia Wong and her husband did not see Smith get struck, but they were there when it happened. They had been driving to work when they came upon Tucker's flaming car. They turned around to see if they could help and, moments later, the truck hit Smith and left the scene. Realizing what had happened, they took off after the truck, following it as it went down Spring-Cypress, took a right on Klein Church Road, and stopped at a traffic light. At that point, they wrote down the license plate number and returned to the accident scene. Wong testified that, in following the truck, they were going 85 to 90 miles per hour and that they caught up to the truck "fast." She further testified that the truck never left the road and that there was no other traffic that night.

After the Wongs returned to the scene with the license plate number, the deputies entered the plate number into the squad car's computer. They obtained Cates's name and an address not far from the accident scene. An investigator calculated that the time it would take to travel from the accident scene to the listed address was no more than five minutes.

The deputies went to the address and found the truck. They spoke with Cates's roommate and then with Cates. Cates was groggy from sleep. An investigator testified that his eyes were bloodshot, his speech sluggish, and his breath smelled of alcohol. Cates testified at trial that he had had a few beers the previous evening but he was not intoxicated.

Procedural History

The State prosecuted Cates for failing to stop and render aid to Smith. The State also sought an affirmative finding that the truck Cates had been driving had been used or exhibited as a deadly weapon during that offense. A jury found Cates guilty and found that the truck had been used as a deadly weapon. The jury sentenced Cates to five years in prison and a $5,000 fine.

Cates appealed and claimed that the evidence was legally insufficient to sustain the deadly weapon finding. A majority of the Court of Appeals disagreed. The Court acknowledged that the "essential question" was whether Cates, "while leaving the scene of the accident, operated the vehicle in a manner capable of causing serious injury or death." The Court found the evidence sufficient to establish that he did so based on Wong's testimony that she and her husband had driven 85 to 90 miles per hour while chasing Cates. The Court concluded that "the jury could rationally infer from the testimony of Claudia Wong, that [Cates]'s vehicle was being driven at a speed approximating the speed the Wongs used to catch [Cates], a use rendering [Cates]'s vehicle capable of causing death or serious bodily injury during the commission of the offense — leaving the scene of an accident."

Cates v. State, 66 S.W.3d 404, 412 (Tex.App.-Houston [14th Dist.] 2001).

Id. at 413.

Id.

Justice Hudson disagreed. He wrote in dissent that "[a]lthough Ms. Wong testified that she was nervous because her husband was driving 85 to 90 miles per hour, there is no evidence that [Cates] was driving at such speeds. In fact, Ms. Wong testified the `chase' was concluded quickly and they were able to get the vehicle's license number while [Cates] was stopped at a traffic signal. Thus, Ms. Wong's testimony suggests the speed of [Cates]'s vehicle was less, perhaps significantly less, than the speed of her pursuing vehicle." Justice Hudson concluded that the "State offered no testimony that [Cates] was driving recklessly when he left the scene or that his conduct presented an unreasonable danger to others. Without such evidence, the jury could not rationally conclude that [Cates] used or exhibited a deadly weapon in the commission of the offense."

Id. at 414 (Hudson, J., dissenting).

Id.

We granted Cates's petition for discretionary review to determine whether the Court of Appeals erred in finding the evidence sufficient to sustain the deadly weapon finding.

Analysis

We review the record to determine whether, after viewing the evidence in the light most favorable to the State, any rational trier of fact could have found beyond a reasonable doubt that the truck was used or exhibited as a deadly weapon. The evidence must demonstrate that the deadly weapon was used or exhibited "during the transaction from which" the felony conviction is obtained. To sustain a deadly weapon finding, there must be evidence that others were actually endangered, not "merely a hypothetical potential for danger if others had been present." An automobile can be a deadly weapon if it is driven so as to endanger lives.

Jackson v. Virginia, 443 U.S. 307, 319 (1979); Tisdale v. State, 686 S.W.2d 110, 114 (Tex.Crim.App. 1985) (op. on reh'g).

Ex parte Jones, 957 S.W.2d 849, 851 (Tex.Crim.App. 1997).

Mann v. State, 13 S.W.3d 89, 92 (Tex.App.-Austin 2000), adopted "as our own," Mann v. State, 58 S.W.3d 132 (Tex.Crim.App. 2001).

Tyra v. State, 897 S.W.2d 796, 798-99 (Tex.Crim.App. 1995).

Cates was convicted of failure to stop and render aid. As the Court of Appeals recognized, "the gravamen" of that offense "is leaving the scene of the accident." Therefore, the relevant time period for determining whether his truck was used and exhibited as a deadly weapon is the time period after Smith was hit. The only evidence in the record concerning the manner in which the truck was driven after it hit Smith was Wong's testimony. She testified that she and her husband drove 85 to 90 miles per hour when they chased the truck. The Court of Appeals found this testimony sufficient because a jury could rationally infer that the driver of the truck was traveling at the same rate of speed as the Wongs.

Id. at 413.

But as Justice Hudson pointed out below, there is no evidence that the truck was traveling at this speed. Wong testified that the "chase" ended quickly and they caught up to the truck when it was stopped at a traffic light. This evidence indicates that the truck was moving at a speed less, "perhaps significantly less," than the Wongs. That the truck stopped at the traffic light also refutes any conclusion that the truck was driven dangerously. Moreover, the truck was found at an address just five minutes away from the accident scene. This supports Wong's testimony that the chase ended quickly, reflecting that the Wongs must have been driving significantly faster than the truck. And Wong testified that there was no other traffic on the road at the time and that the truck never left the roadway. Furthermore, there is no evidence in this record that anyone was actually endangered by the truck while it left the scene of the accident.

Id. at 414 (Hudson, J., dissenting).

The State argues that the facts occurring before the offense of failure to stop and render aid constitute relevant circumstantial evidence that the truck was driven dangerously during that offense. The State contends that since Smith was hit and killed, the truck was obviously a deadly weapon at that time. According to the State, the truck would not then have ceased to be a deadly weapon in the moments immediately afterward. Instead, the State argues, the truck continued to be a deadly weapon even after Smith was hit.

The State is correct that facts occurring before and after an offense can, in a given case, be relevant circumstantial evidence of the offense charged. But in this case, there is no evidence indicating that the truck was driven in a deadly manner during the offense of failure to stop and render aid. The fact that the truck was driven in a deadly manner before the offense could assist the trier of fact if it were coupled with other evidence of how the truck was driven during the offense. But absent any evidence of the truck's use or exhibition as a deadly weapon during the offense, the evidence of how it was driven before the offense is not sufficient to sustain the deadly weapon finding.

Conclusion

We find the evidence insufficient to establish beyond a reasonable doubt that the truck was used or exhibited as a deadly weapon during the offense of failure to stop and render aid. We reverse only that part of the Court of Appeals' judgment which affirmed the deadly weapon finding and reform the trial court's judgment to delete it.

See Tex.R.App.P. 78.1(c).

KELLER, P.J., concurred in the result.

WOMACK, J., dissented.


Summaries of

Cates v. State

Court of Criminal Appeals of Texas
Apr 16, 2003
102 S.W.3d 735 (Tex. Crim. App. 2003)

holding that evidence of a fatal collision, while relevant circumstantial evidence, was insufficient to support a deadly weapon finding absent evidence that the potentially intoxicated defendant used his vehicle in a deadly manner during the offense of failure to stop and render aid

Summary of this case from Couthren v. State

holding that the fact that the fleeing vehicle was driven in a deadly manner before the offense could assist the fact-finder if it were coupled with other evidence of how the vehicle was driven during the offense

Summary of this case from Hernandez v. State

holding that evidence vehicle was driven in manner raising "merely a hypothetical potential for danger" was insufficient to support deadly weapon finding because no other persons were present on road

Summary of this case from Williams v. State

concluding that defendant did not use his vehicle in deadly manner because, among other things, pursuit of defendant was brief and ended when his vehicle was properly stopped at traffic light, no other traffic was present on road at time, and there was no evidence that defendant’s vehicle actually endangered anyone as defendant fled from accident scene

Summary of this case from Owens v. State

determining that deadly-weapon finding was not warranted where there was no evidence that defendant was speeding and where evidence showed that defendant obeyed traffic signals and that there was no other traffic

Summary of this case from Huynh v. State

reversing finding that vehicle that killed person on street was used as a deadly weapon as the driver returned home and thereby committed the offense of failure to stop and render aid

Summary of this case from Garza v. State

In Cates, the court held the deadly-weapon finding was not supported where there was no evidence anyone was actually endangered.

Summary of this case from Smith v. State

In Cates, the Court of Criminal Appeals examined whether the evidence was sufficient to support an affirmative finding of a motor vehicle being used as a deadly weapon during the offense of failing to stop and render aid. 102 S.W.3d at 736.

Summary of this case from Clark v. State

requiring evidence that the deadly weapon meets the statutory definition; the defendant used or exhibited the deadly weapon while committing the crime for which he was convicted; and other people were actually endangered

Summary of this case from Joiner v. State

considering several factors in determining whether defendant used his vehicle in deadly manner, including duration of pursuit of defendant, defendant’s compliance with traffic signal, traffic conditions, and whether defendant’s use of vehicle actually endangered anyone

Summary of this case from Owens v. State

In Cates, the court of criminal appeals considered the quantum of proof necessary to support a deadly weapon finding in the context of a conviction for failure to stop and render aid. 102 S.W.3d at 738.

Summary of this case from Mohammed v. State

In Cates, the driver of a truck was convicted for failing to stop and render aid to a pedestrian whom he killed after striking the pedestrian with his car.

Summary of this case from Macias v. State

In Cates, the Court of Criminal Appeals reversed a jury's deadly weapon finding on a conviction for failing to stop and render aid. 102 S.W.3d at 738–39.

Summary of this case from Brister v. State

In Cates, the Court of Criminal Appeals reversed a jury's deadly weapon finding on a conviction for failing to stop and render aid. 102 S.W.3d at 738-39.

Summary of this case from Brister v. State

In Cates, the defendant had been charged with the offense of failure to stop and render aid after having struck and killed a person on a roadway and then leaving the scene.

Summary of this case from Mills v. State

In Cates, the court of criminal appeals held the evidence was insufficient to prove the defendant operated his vehicle as a deadly weapon during the offense of failure to stop and render aid.

Summary of this case from Rodriguez v. State

In Cates, the court held that, because the case was one of leaving the scene of an accident, the relevant time period for determining whether the defendant's truck was used and exhibited as a deadly weapon was the time period after the accident.

Summary of this case from Smith v. State

explaining that an "automobile can be a deadly weapon if it is driven so as to endanger lives"

Summary of this case from Poynter v. State

In Cates, the driver of a truck was convicted for failing to stop and render aid to a pedestrian whom he struck with his car and killed.

Summary of this case from Gibbs v. State

In Cates, the jury convicted the defendant of failure to stop and render aid to a man whom he had just hit and killed while driving his truck.

Summary of this case from Young v. State
Case details for

Cates v. State

Case Details

Full title:JOHNNY WELDON CATES, II, Appellant, v. THE STATE OF TEXAS

Court:Court of Criminal Appeals of Texas

Date published: Apr 16, 2003

Citations

102 S.W.3d 735 (Tex. Crim. App. 2003)

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