Robert Robledo v. The State of Texas--Appeal from 186th Judicial District Court of Bexar County

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State: Texas

Court: Texas Northern District Court

Docket No: 04-08-00586-CR

Case Date: 08/19/2009

Plaintiff: Robert Robledo

Defendant: The State of Texas--Appeal from 186th Judicial District Court of Bexar County

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MEMORANDUM OPINION
No. 04-08-00586-CR Robert ROBLEDO, Appellant v. The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2006-CR-2534 Honorable Fred Shannon, Judge Presiding1 Opinion by: Sitting: Rebecca Simmons, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: August 19, 2009 AFFIRMED Robledo appeals his conviction for aggravated sexual assault. On appeal, Robledo contends: (1) the evidence is legally and factually insufficient to prove he used or displayed a deadly weapon during the offense; (2) the trial court abused its discretion by allowing the State to introduce a demonstrative knife into evidence; (3) the trial court abused its discretion by not affording him an opportunity to take the State's expert on voir dire to question her regarding her qualifications prior
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... Sitting for the Honorable Maria Teresa Herr.

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to her testimony; and (4) the trial court abused its discretion in allowing the State's expert witness to testify without qualifying her as an expert. We affirm the trial court's judgment. BACKGROUND On February 1, 2006, Robledo drove up to the complainant, Blanca Mosqueda, and represented to her that he was an undercover police officer. Robledo, who was not actually a police officer, told Mosqueda that he intended to arrest her for soliciting and engaging in prostitution. After Mosqueda got into Robledo's vehicle, she became suspicious of Robledo and demanded to see his badge. Robledo became upset when Mosqueda began questioning him and drove her to an abandoned building. Robledo parked his vehicle near a loading dock so that Mosqueda could not exit the vehicle and moved to Mosqueda's side of the vehicle. After getting in front of Mosqueda, Robledo told Mosqueda to undress. He then began to hit Mosqueda and pulled out an old lock-blade knife with gold tips when Mosqueda refused to comply with his demands. Robledo instructed Mosqueda to "shut the fuck up"; otherwise, "he was going to kill [her]." According to Mosqueda, the look in Robledo's eyes convinced her that Robledo was going to kill her if she refused to cooperate. Because Mosqueda feared for her life, Mosqueda agreed to cooperate with Robledo. Robledo held his knife behind Mosqueda's back and ripped off Mosqueda's clothing. Robledo proceeded to engage in several sexual acts with Mosqueda, including intercourse. Once he completed all of his sexual acts, Robledo returned to the driver's side of the vehicle and ordered Mosqueda to "get the fuck out of the car." Mosqueda complied, and Robledo drove off. Mosqueda located a security guard, who immediately contacted the police.

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Mosqueda gave the police Robledo's license plate number and identified Robledo as her attacker during a photographic lineup following the assault. The police subsequently arrested Robledo and found an older lock-blade knife and traces of bodily fluid on the passenger side of his vehicle.2 A buccal swab obtained from Robledo following his arrest revealed that he contributed the DNA deposited on Mosqueda's person during the assault. Robledo was charged with committing aggravated sexual assault, and a jury found him guilty as charged in the indictment. Robledo was sentenced to 35 years imprisonment and fined $10,000. This appeal followed. SUFFICIENCY OF THE EVIDENCE Robledo complains the evidence is legally and factually insufficient to prove he used or displayed a deadly weapon during his sexual assault of Mosqueda. When reviewing the legal sufficiency of the evidence, we consider whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979); Clayton v. State, 235 S.W.3d 772, 778 (Tex. Crim. App. 2007). In considering a factual sufficiency challenge, we look at the evidence in a neutral light giving almost complete deference to the jury's determinations of credibility. Lancon v. State, 253 S.W.3d 699, 705 (Tex. Crim. App. 2008). We reverse only if the evidence supporting the verdict is so weak that the verdict seems clearly wrong and manifestly unjust or if the evidence supporting the verdict is outweighed by the great weight and preponderance of the available evidence. Watson v. State, 204 S.W.3d 404, 414-15 (Tex. Crim. App. 2006).

... It is undisputed that the knife confiscated from Robledo's vehicle was not the knife Mosqueda observed Robledo using or displaying during the attack.
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The Texas Penal Code provides a person commits the offense of aggravated sexual assault if he intentionally or knowingly causes the penetration of the anus or sexual organ of another person, without that person's consent, and uses or exhibits a deadly weapon in the course of the same criminal episode. See TEX . PENAL CODE ANN .

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