Quintin Joshua Fisher v. The State of Texas

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State: Texas

Court: Texas Northern District Court

Docket No: 09-11-00379-CR

Case Date: 11/07/2012

Plaintiff: Quintin Joshua Fisher

Defendant: The State of Texas

Preview:In The

Court of Appeals Ninth District of Texas at Beaumont _________________
NO. 09-11-00379-CR

_________________
QUINTIN JOSHUA FISHER, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 258th District Court Polk County, Texas Trial Cause No. 21060 ________________________________________________________________________ MEMORANDUM OPINION Appellant, Quintin Joshua Fisher, was convicted by a jury of capital murder. Fisher was sentenced to confinement for life without parole in the Texas Department of Criminal Justice. On appeal, Fisher argues that he was denied effective assistance of counsel at trial, that the trial court erred in denying him a hearing on his motion for new trial and in denying his motion for new trial, that there is insufficient evidence to corroborate the accomplice witness testimony and insufficient evidence to support his conviction. We affirm the judgment of the trial court.

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I.

BACKGROUND

Around 10:30 p.m. on August 21, 2009, R.K. was in his trailer with his wife and daughter when two men entered the trailer with guns. R.K. and C.K. were both hit over the head with a gun, and the intruders began demanding that R.K. tell them where the money was. R.K.s parents lived in a house on the same property and a local business nearby. R.K. told the intruders that the money was in the house. The intruders used R.K.s keys to open the back door of the house, and the two intruders forced them to go inside. R.K.s brother, B.K., was asleep on the living room couch and his brother, L.W., was sleeping in a nearby chair. R.K. testified that when the intruders turned on the lights, B.K. yelled, "Hes got a gun." Immediately thereafter, one of the intruders ran up to B.K. and shot him three times. The other intruder kicked in the bedroom door wherein R.K.s parents were sleeping. L.W. managed to slip out of the house unnoticed and called 9-1-1. The Livingston Police Department immediately dispatched officers to the scene. The intruders asked the elderly parents where the money was kept. When they did not tell them immediately, R.K. told them. The intruders found the cash and ran out of the house. About a week after the murder, R.K. and C.K. identified the two intruders from a photo lineup. The evidence was undisputed that Fisher was not one of the intruders and did not shoot B.K. At trial, the State introduced evidence that Fisher initiated and was involved in the planning of the robbery and, on the night of the murder, drove the two intruders and two other individuals from Houston to the residence in Livingston for the purpose of 2

committing the robbery. The jury was charged under the law of parties. See Tex. Penal Code Ann.

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