Roger Ramirez v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

SUPREME COURT CASES

Laws-info.com » Cases » Texas » 4th District Court of Appeals » 2010 » Roger Ramirez v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

State: Texas

Court: Texas Northern District Court

Docket No: 04-09-00323-CR

Case Date: 11/24/2010

Plaintiff: Roger Ramirez

Defendant: The State of Texas--Appeal from 175th Judicial District Court of Bexar County

Preview:MEMORANDUM OPINION
No. 04-09-00323-CR Roger RAMIREZ, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CR-4291 Honorable Maria Teresa Herr, Judge Presiding Opinion by: Sitting: Rebecca Simmons, Justice Karen Angelini, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice

Delivered and Filed: November 24, 2010 REVERSED IN PART, MODIFIED IN PART, AFFIRMED IN PART This appeal arises from Appellant Roger Ramirez's conviction for felony murder, manslaughter, and failure to stop and render aid following an accident resulting in the death of Ryan Stephens. Based on Ramirez's plea of true to the two enhancement allegations, Ramirez was sentenced to life imprisonment in the Institutional Division of the Texas Department of Criminal Justice, and fined $10,000.00 for each count. On appeal, Ramirez argues: (1) the trial court's imposition of a fine is not authorized by the habitual felony offender statute; (2) the trial

04-09-00323-CR

court violated Ramirez's right to be free from double jeopardy in entering a judgment convicting Ramirez of felony murder and manslaughter; (3) the trial court erred in admitting the graphic photograph depicting Mr. Stephens' injuries; and (4) the evidence is factually insufficient to support the jury's verdict. We reverse the trial court's judgment in part, modify the trial court's judgment in part, and affirm the trial court's judgment in part. FACTUAL BACKGROUND On November 17, 2006, Ryan Stephens was trimming trees at a residence on Cadillac Drive when he was struck and killed by a Dodge pickup truck. At the time of the accident, Mr. Stephens was sharpening chainsaws and his body was severely disfigured in the accident. The Dodge pickup that struck Mr. Stephens subsequently ran into a tree, backed away, and sped down the road less than a mile before being abandoned. Two of Mr. Stephens' employees were also at the residence at the time of the incident, but neither employee could identify the driver of the vehicle. The truck in question had been reported stolen earlier that same morning from a motel parking lot. A video of the theft showed two individuals stealing the truck, but lacked any detail. Mr. Stephens' employee, Roberto Carlos Sierra Luna, described the assailant as a Hispanic man with a mustache. Another witness testified that she saw the truck traveling at an excessive speed, but could not identify anyone in the vehicle. An additional witness a few blocks away described a man running from the direction of Cadillac Drive as a Hispanic male, 5'6" or 5'7", in his late thirties or forties, with a beard with gray spots. A video obtained from a nearby local business could not provide a clear view of the individual in question. The officers arriving at the accident scene collected several items for testing, including a stain from the deployed airbag. Subsequent DNA tests consistent with Ramirez's DNA profile,

-2-

04-09-00323-CR

along with a Crimestoppers tip, led officers to conclude that Ramirez was the driver of the truck that struck Mr. Stephens. During questioning and at trial, Ramirez admitted to being involved in the theft of the Dodge truck and that he was, in fact, in the vehicle during the early morning hours on the day in question. Ramirez further relayed that he was using drugs while sitting in the truck and that the airbag had deployed prior to his being in the truck. Ramirez testified in his own defense, adamantly denying that he was driving the truck when Mr. Stephens was killed. To support his allegations, Ramirez offered testimony supported by several defense witnesses that he was reporting to his parole officer at the time of the accident. The State, however, also presented witnesses, including two parole officers, that testified that Ramirez did not report on the day of the accident, but instead, reported three days later. The jury charge alleged that Ramirez committed felony murder, manslaughter, unauthorized use of a motor vehicle, and failure to stop and render aid. The jury returned a guilty verdict on all counts. The trial court set aside the jury's finding of guilt on the

unauthorized use of a motor vehicle and entered a judgment finding Ramirez guilty of felony murder, manslaughter, and failure to stop and render aid. This appeal ensued. DOUBLE JEOPARDY & ILLEGAL FINE The State concedes that the conviction and life sentence for both felony murder and manslaughter violate Ramirez's rights against double jeopardy and that the manslaughter conviction should be vacated, and the felony murder conviction upheld. See Ervin v. State, 991 S.W.2d 804, 816

Download 23493.pdf