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Ramirez v. State

Court of Appeals of Texas, Tenth District, Waco
Mar 23, 2005
No. 10-04-00078-CR (Tex. App. Mar. 23, 2005)

Opinion

No. 10-04-00078-CR

Opinion delivered and filed March 23, 2005. DO NOT PUBLISH.

Appeal from the 54th District Court, McLennan County, Texas, Trial Court # 2003-745-C.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA, Affirmed.


MEMORANDUM Opinion


Hernando Ramirez was convicted of murder. TEX. PEN. CODE ANN. § 19.02 (Vernon 2003). The jury assessed punishment at ninety-nine years and a $10,000 fine. Ramirez argues on appeal that the trial court erred in admitting evidence of his attempts to stab other persons at the scene of the alleged crime. We will overrule his issue and affirm the judgment.

BACKGROUND

The victim was stabbed with a knife and killed outside the El Ranchito Bar. Several witnesses testified for the State. Two witnesses testified to having seen Ramirez stab the victim. One of those witnesses testified that Ramirez went to a car, came back with a knife, and was swinging the knife around at a group of people. Ramirez then stabbed the victim. The other witness to the stabbing was the victim's brother. He testified that Ramirez returned from the car and stabbed the victim in the back on his right shoulder blade. He testified that when he and several of his cousins tried to confront Ramirez after the stabbing, Ramirez turned around and chased them with the knife, threatening to stab them. Ramirez argues that the trial court erred in admitting the testimony regarding his attempts to stab other persons. A trial court has broad discretion in determining the admissibility of evidence. Coffin v. State, 885 S.W.2d 140, 149 (Tex.Crim.App. 1994). We will not reverse the trial court's ruling absent an abuse of discretion. Williams v. State, 535 S.W.2d 637, 639-40 (Tex.Crim.App. 1976). Texas Rule of Criminal Evidence 404(b) states that evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person to show action in conformity therewith. TEX. R. EVID. 404(b). But the "other crime, wrong, or act" may have relevance "apart from character conformity; that it tends to establish some elemental fact, such as identity or intent; that it tends to establish some evidentiary fact, such as motive, opportunity or preparation, leading inferentially to an elemental fact; or that it rebuts a defensive theory by showing, e.g., absence of mistake or accident." Montgomery v. State, 810 S.W.2d 372, 388-89 (Tex.Crim.App. 1990). Additionally, same transaction contextual evidence is admissible when it is necessary to the jury's understanding of the offense. Rogers v. State, 853 S.W.2d 29, 33 (Tex.Crim.App. 1993). As a general rule, the jury is entitled to know all relevant surrounding facts and circumstances of the charged offense. Moreno v. State, 721 S.W.2d 295, 301 (Tex.Crim.App. 1996). Same transaction contextual evidence is considered "res gestae," under the reasoning that events do not occur in a vacuum, and the jury has a right to hear what occurred immediately prior to and subsequent to the commission of that act so that it may realistically evaluate the evidence. Wesbrook v. State, 29 S.W.3d 103, 115 (Tex.Crim.App. 2000). The testimony challenged by Ramirez relates to his behavior minutes before and after the alleged offense occurred. One of the issues at trial was whether Ramirez was the person who stabbed the victim. The testimony was relevant and necessary to the jury's determination of what occurred. Because the testimony was admissible as same transaction contextual evidence, the trial court did not abuse its discretion in admitting it.

CONCLUSION

We overrule the issue and affirm the judgment.


Summaries of

Ramirez v. State

Court of Appeals of Texas, Tenth District, Waco
Mar 23, 2005
No. 10-04-00078-CR (Tex. App. Mar. 23, 2005)
Case details for

Ramirez v. State

Case Details

Full title:Hernando Estrada Ramirez, Appellant v. The State of Texas, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Mar 23, 2005

Citations

No. 10-04-00078-CR (Tex. App. Mar. 23, 2005)

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