Jesse Mendez v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

State: Texas

Court: Texas Northern District Court

Docket No: 04-08-00728-CR

Case Date: 12/30/2009

Plaintiff: Jesse Mendez

Defendant: The State of Texas--Appeal from 144th Judicial District Court of Bexar County

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MEMORANDUM OPINION
No. 04-08-00728-CR Jesse MENDEZ, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CR-3128B Honorable Phil Chavarria, Judge Presiding1 Opinion by: Sitting: Marialyn Barnard, Justice Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice

Delivered and Filed: December 30, 2009 AFFIRMED A jury convicted Jesse Mendez of robbery. After he pled true to an enhancement allegation, the jury sentenced him to fifty-five years incarceration. In five issues, Mendez contends the trial court erred in admitting the testimony of his parole officer, Tambra Satterfield, who identified Mendez from photographs taken during the commission of the offense. We affirm.

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... The Honorable Phil Chavarria was sitting by assignment.

04-000728-CR

BACKGROUND In the early morning hours of October 31, 2005, cab driver Ezequiel Lomas was dispatched to pick up a fare at a San Antonio restaurant. When he arrived, he saw a man and a woman waiting. The couple entered the cab, the man sitting behind Lomas, and gave Lomas their destination. Lomas turned on the cab's meter, which activated a camera that takes photographs of everything inside the vehicle. As they were arriving at their destination, the man pulled a gun and put it against Lomas's right temple. The man told Lomas to give him his money. Lomas grabbed the gun barrel, and the men struggled. The woman began hitting Lomas, and Lomas eventually stopped struggling. The woman took money from Lomas's pockets. The man forced Lomas out of the cab and got into the driver's seat. The couple then took off in the cab. Because his cell phone was still in the cab, Lomas walked back to the restaurant and called police and his dispatcher from a pay phone. When police officers arrived, Lomas told them the cab was equipped with a Global Positioning Satellite system, and his dispatcher had the location of the cab. The police drove Lomas to the cab, which was found abandoned a few blocks away from the restaurant. The cab was parked, the doors were open, the keys were still in the ignition, and the meter was running

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