Page 34 - TPA Journal July August 2023

Joe C. Tooley, Legal Digest Editor
Joe C. Tooley, Attorneys & Counselors, Rockwall, Texas
www.TooleyLaw.com 972-722-1058

TEXAS POLICE ASSOCIATION

LEGAL DIGEST

July - August 2023

AUTHOR’S NOTE: It is the goal of this submission to extract those portions of relevant appellate
opinions or the syllabus of the legal reporter which bear directly upon law enforcement methods
and provide guidance for officers on an operational level. Much of the information pertaining to
these cases is lifted verbatim from the court opinion or syllabus with independent analysis inserted
as appropriate. Due to clarity for training purposes, the distinction between quotes from the
opinions and inserted analysis is not always identified and legal citations within the opinion are
often omitted. Emphasis is placed upon reported decisions from the Fifth Circuit Court of Appeals
and the Texas Court of Criminal Appeals.

EVIDENCE – accomplice. “Robert”), agreed to participate in the robbery. On
the day of the robbery, Trevino drove Appellant,
Appellant was convicted of aggravated robbery by Taylor, and McMichael from the Palms
a jury and sentenced to life imprisonment by the Apartments (“the Palms”) in San Antonio to New
trial court. With respect to the testimony of an Braunfels in Trevino’s white Volvo. On the way to
accomplice in fact, the trial court instructed the Timeless Ink, the group picked up Robert, stopped
jury that it must find an accomplice in fact to be an at Wal-Mart to get zip ties, and then parked in a lot
accomplice beyond a reasonable doubt. The court nearby the tattoo parlor. Inside the Volvo, the
of appeals determined that the reasonable doubt group put on masks, gloves, and hats to conceal
portion of the accomplice-witness application their identities. Trevino stayed in the car as
paragraph in the jury charge was erroneous, and Appellant, Taylor, McMichael, and Robert entered
that Appellant suffered egregious harm from the Timeless Ink. Inside the shop, Sarah Zamora and
error. We exercised our discretionary authority to her husband Anthony can be seen working a late
review this decision, and now reverse. night shift upstairs. Anthony was working on a tat-
too for one of their regular customers, Tony
On May 10, 2016, four men entered Timeless Ink,
Hernandez, when Sarah heard someone enter the
a two-story tattoo and piercing shop in New shop downstairs. When Sarah got to the top of the
Braunfels. The plan to commit a robbery originat- stairs to greet them, she saw Taylor standing on
ed with Gustavo Trevino1 (“Trevino”) and Olanda the steps pointing a gun in her direction. Sarah ran
Taylor (“Taylor”). Taylor’s cousin owned
back into the room where Anthony was working
Timeless Ink. With Trevino and Taylor, Appellant,
on Tony’s tattoo and said, “Anthony, gun.” Taylor,
Kenneth McMichael (“McMichael”), and Robert Robert, and Appellant came upstairs and entered
Ruffins (Appellant’s relative, hereinafter,
the room and told Sarah, Anthony, and Tony to put

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