Alexander v. State3/5/1996
ime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); Nelson v. State, 848 S.W.2d 126, 131 (Tex. Crim. App. 1992), cert. denied, ___ U.S. ___, 114 S.Ct. 100, 126 L.Ed.2d 66 (1993). In reviewing the factual sufficiency of the evidence, we look at all of the evidence and determine whether the conviction is so against the great weight of the evidence as to be manifestly unjust. Bigby v. State, 892 S.W.2d 864, 875 (Tex. Crim. App. 1994); Lisai v. State, 875 S.W.2d 35, 37 (Tex. App.-Texarkana 1994, pet. ref'd). The trier of fact is free to accept or reject any or all of any witness's testimony. Adelman v. State, 828 S.W.2d 418, 421 (Tex. Crim. App. 1992); Green v. State, 892 S.W.2d 220, 222 (Tex. App.-Texarkana 1995, pet. ref'd). In the light most favorable to the verdict, we will examine the evidence adduced at trial.
Elroy Carrillo, a detective with the Dallas Police Department, testified that on February 1, 1992, at approximately 8:19 p.m., he was called to investigate a shooting at an apartment complex located at 11,100 Kingsley Road in Dallas, Texas. Upon arrival at that location, Detective Carrillo saw the victim, Joe Patrick Robbins, lying on the ground in the parking lot. Detective Carrillo testified that Robbins was choking, trying to pull himself up on a parked car, was bleeding from his head, and smelled of alcohol. Detective Carrillo then tried to apply pressure to the wounds to stop the bleeding until the ambulance arrived. Detective Carrillo also testified that, at the time he arrived at the scene, there were no other persons in the parking lot and he observed a taxicab trying either to park or to leave the complex.
Sheila Spotswood, a Dallas County Medical Examiner, testified that she performed an autopsy on Robbins on February 2, 1992. Spotswood testified that Robbins died from a gunshot wound to the head and that the trajectory of the bullet wound was from the left and slightly downward. Spotswood was unable to determine the range of fire, but believed the shot to be from a distance of at least several feet. She further testified that there were no indications that Robbins had recently fired a firearm and that Robbins had a blood alcohol level of .26 percent.
Joanne Andreotta, the evidence registrar for the Dallas County Medical Examiner's Office, testified she received a pair of blue jeans that had been removed from Robbins by the medical examiner and then submitted the jeans to the serology department of the crime laboratory. Michelle Skidmore, a former forensic serologist for the Dallas County Crime Laboratory, testified she received the jeans and conducted tests in an attempt to determine the source of some blood found on the jeans. She was unable, however, to determine the source of the blood.
Lannie Emanuel, a firearms examiner with the Dallas County Institute of Forensic Sciences, examined the bullet fragments retrieved from Robbins's body and determined they were probably fired from a revolver and were consistent with a .38 or .357 caliber bullet.
Officer Karl David Kemper, a police officer employed by the City of Dallas , also responded to the shooting call. Officer Kemper testified that he questioned members of the crowd gathered at the scene, but none had seen the shooting. Officer Kemper talked with Rhonda Clinton by mobile telephone. She gave Officer Kemper a description of a person she saw standing over Robbins's body.
Rhonda Clinton testified that, as she was travelling with her family along Kingsley Road on the evening of February 1, 1992, she heard a loud noise. As she turned toward the direction from which the noise came, she saw a man standing in an apartment
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