Justin Dee Rodgers v. The State of Texas--Appeal from 173rd District Court of Henderson County

State: Texas

Court: Texas Northern District Court

Docket No: 06-09-00078-CR

Case Date: 09/23/2009

Plaintiff: Roger Dale Brecheen

Defendant: State of Texas--Appeal from 42nd District Court of Taylor County

Preview:Opinion filed May 31, 2012

In The

Eleventh Court of Appeals
__________

No. 11-10-00138-CR __________ ROGER DALE BRECHEEN, Appellant V. STATE OF TEXAS, Appellee
On Appeal from the 42nd District Court Taylor County, Texas Trial Court Cause No. 23302A

MEMORANDUM OPINION The jury convicted Roger Dale Brecheen, appellant, of murder and assessed his punishment at confinement for a term of forty-eight years. We affirm. Appellant presents five issues for review.1 In the first issue, he challenges the sufficiency of the evidence to support the jury's rejection of self-defense. In the second issue, appellant contends that the trial court abused its discretion when it denied, without a hearing, trial

We note that an Anders brief was originally filed in this case. See Anders v. California, 386 U.S. 738 (1967). Upon determining that this appeal was not frivolous, we abated the appeal and remanded the cause for the appointment of new counsel. The issues referenced in this opinion are from the brief filed by the appellate counsel that was appointed on remand.

1

counsel's motion to withdraw. Appellant complains in his third issue of the trial court's failure to instruct the jury on the lesser offense of criminally negligent homicide and in his fourth issue of the trial court's charge on felony murder. In his final issue, appellant contends that he was deprived of his right to due process by the "exceedingly contaminated crime scene." We review a challenge to the sufficiency of the evidence, regardless of whether it is denominated as a legal or a factual sufficiency claim, under the standard of review set forth in Jackson v. Virginia, 443 U.S. 307 (1979). Brooks v. State, 323 S.W.3d 893, 912 (Tex. Crim. App. 2010); Polk v. State, 337 S.W.3d 286, 288

Download 10005.pdf