Summary
In One 2003 Dodge, the court held that the defendant used the Dodge "in the commission" of aggravated robbery when the defendant used the vehicle to drive to a restaurant and placed the vehicle and its keys in a position that facilitated a quick getaway.
Summary of this case from State v. One Motor Vehicle 2008 Nissan PickupOpinion
No. 05-05-01495-CV
Opinion Filed July 12, 2006.
On Appeal from the 68th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 04-01711-C.
Reverse and Render.
Before Justices WRIGHT, MOSELEY, and LANG.
MEMORANDUM OPINION
This is a forfeiture case. The trial court denied forfeiture of a 2003 Dodge Stratus owned by Jonathan B. Jackson, the real party in interest. The State of Texas appeals, contending in a single issue that the vehicle was used in the commission of aggravated robbery, and is thus contraband subject to forfeiture. Because all dispositive issues are settled in law, we issue this memorandum opinion. See Tex.R.App.P. 47.1. We reverse the trial court's judgment and render judgment for the State.
Facts
The facts are stipulated. Jackson, along with an accomplice, drove the Dodge to Grand Prairie, Texas to rob a local restaurant. They drove to a dead end street and parked the car facing away from the restaurant to facilitate a getaway. The position of the Dodge in relation to the restaurant made it accessible only by foot, ensuring that no one could see them leave in the car. The two also left the keys in the car so that they would not drop them while committing the crime. They then entered the restaurant and committed aggravated robbery. Police were called to the scene, and arrived in time to see Jackson and his accomplice climbing out the restaurant's drive-thru window. The police arrested Jackson during his flight back to the Dodge; his accomplice also never made it back to the car. Jackson pled guilty to the first degree felony offense of aggravated robbery, and was sentenced to seven years in prison.
Discussion
A forfeiture proceeding is a civil proceeding, in which the state has the burden of proving by a preponderance of the evidence that the property is contraband, and thus subject to forfeiture. See Tex. Code Crim. Proc. Ann. art. 59.05 (Vernon Supp. 2005); see also Tex. Code Crim. Proc. Ann. art. 59.03. Contraband includes any property used in the commission of a felony under chapter 29 of the penal code. Tex. Code Crim. Proc. Ann. art. 59.01(2)(A)(ii) (Vernon Supp. 2005). Aggravated robbery is a chapter 29 felony offense under the penal code. Tex. Pen. Code Ann. § 29.03(b) (Vernon 2005).
The only issue is whether in view of the stipulated facts, the State proved that the Dodge was used in the commission of the aggravated robbery. The State argues that the evidence proves as a matter of law that the vehicle was used in the commission of aggravated robbery and therefore contraband subject to forfeiture. The record indicates that the parties submitted this case on stipulated facts. See State Farm Lloyds v. Kessler, 932 S.W.2d 732, 735 (Tex.App.-Fort Worth 1996, writ denied) (holding that despite failure to comply with Rule 263, the appellate court may treat the appeal as involving an agreed statement of facts if the trial court heard the case on stipulated facts). Thus, we review the trial court's judgment de novo; the only issue on appeal is whether the trial court properly applied the law to the agreed facts. Walker Eng'g, Inc. v. Bracebridge Corp., 102 S.W.3d 837, 839 (Tex.App.-Dallas 2003, pet. denied).
To be used "in the commission" of an offense requires that the property be used in connection with the crime before all elements of the offense are satisfied. One 1985 Chevrolet v. State, 852 S.W.2d 932, 935 (Tex. 1993). Consequently, the property must be used either before or during the offense. Id. In One 1985 Chevrolet, the State sought forfeiture of the Chevrolet because it was allegedly used in the commission of theft. Id. at 934. However, the respondent purchased the stolen property at her home. Id. at 933. As a result, later transportation of the items in the Chevrolet was not in the commission of theft because the elements were already met when the respondent took possession of the stolen goods at her home. Id. at 935.
However, use of a vehicle to facilitate the crime before the elements are completed is use in the commission of the crime. See A 1985 Cadillac Limousine v. State, 835 S.W.2d 822, 825 (Tex.App.-Houston [1st] 1992, writ denied), in which the court held that a vehicle was used in the commission of a felony, in part because it facilitated the crime by transporting the appellant to the location where he purchased cocaine.
Here, neither party made it back to the Dodge after the crime. Further, both parties have stipulated that the car was not used during the commission of the robbery. However, Jackson admitted that the two drove the car to Grand Prairie to commit the crime. Thus, as in A 1985 Cadillac Limousine, the Dodge was used to transport Jackson and his accomplice to the scene of the crime. In addition, the placement and position of the car, as well as the resting place of the keys, support Jackson's admission that the car was driven to the scene specifically to commit the offense. Because the car was used to facilitate the crime before completion of the elements, the car was used in the commission of the aggravated robbery. The Dodge consequently falls within the definition of contraband and is subject to forfeiture.
Based on the stipulated evidence, we conclude that the State proved as a matter of law that the 2003 Dodge Stratus was used in the commission of the aggravated robbery and was therefore contraband. We sustain the State's issue, reverse the trial court's judgment, and render judgment forfeiting the vehicle to the State. Tex.R.App.P. 43.2(c).