Justin Ray Childs v. The State of TexasAppeal from 102nd District Court of Bowie County (Memorandum Opinion )

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State: Texas

Court: Texas Northern District Court

Docket No: 06-12-00136-CR

Case Date: 05/02/2013

Plaintiff: Justin Ray Childs

Defendant: The State of TexasAppeal from 102nd District Court of Bowie County (Memorandum Opinion )

Preview:In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-12-00136-CR

JUSTIN RAY CHILDS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 102nd District Court Bowie County, Texas Trial Court No. 12F0310-102

Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter

MEMORANDUM OPINION
Juries have concluded that Justin Ray Childs and his brother, Brandon Kihega, killed Billy Stone at Stone's home in February 2011. 1 Childs was convicted, as a party, of capital murder. The mandatory sentence of life imprisonment without parole was imposed as the State did not seek the death penalty. The appeal claims error in admission of evidence that Childs previously had been convicted of a felony and sent to prison, was a member of a gang in prison, previously sold marihuana, and, in the course of Stone's murder, kicked Stone in the head. We find no harmful error and affirm the conviction. I. Facts The sufficiency of the evidence is not challenged, but an overview of the facts of the case will be helpful in our discussion of Childs' points of error. On the night of February 23, 2011, several men gathered at a shop behind Stone's house where they drank alcoholic beverages and discussed guns, motorcycles, and a fledgling motorcycle club. Stone knew Kihega; witnesses said the two were friends, and Stone hired Kihega to do odd jobs. During the course of the evening, a rivalry developed between Childs and Stone as the two bragged about their skills in fighting, the amount of money and property they owned and their athletic abilities, among other matters. According to some testimony, Stone asked Childs if he would assault someone if paid, and Childs replied that he would "get rid" of a person for more money. Around midnight, most of the guests left leaving only Kihega, Childs, and Stone. Stone was shot twice, and the evidence

1

Kihega was convicted of capital murder in a separate trial.

2

indicated he was shot with his Desert Eagle pistol, which he had been displaying earlier in the evening. II. Appellate Issues Childs complains that the trial court's admission of evidence of specific acts of his conduct violated Rules 403 and 404(b) of the Texas Rules of Evidence. See TEX. R. EVID. 403, 404(b). We review a trial court's admission or exclusion of extraneous-offense evidence for abuse of discretion. Moses v. State, 105 S.W.3d 622, 627 (Tex. Crim. App. 2003). A trial court's decision regarding admissibility of evidence will be sustained if correct on any theory of law applicable to the case, even when the court's underlying reason for the decision is wrong. Romero v. State, 800 S.W.2d 539, 543

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