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Hubert Owens and Linnie Owens, D/B/A Owens Bail Bonds v. State

Citation: Not availableDocket: 06-09-00032-CV

Court: Court of Appeals of Texas; April 15, 2009; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this appellate proceeding before the Court of Appeals Sixth Appellate District of Texas, the appeal filed by Owens Bail Bonds, operated by Hubert and Linnie Owens, was dismissed as moot following a full settlement with the State. The case also addressed legal standards for accomplice testimony, emphasizing the requirement for corroborating evidence to support an accomplice's testimony linking a defendant to the crime. The court ruled that Wright was not an accomplice as a matter of law, with the jury required to decide on her status due to conflicting evidence. Green's conviction was upheld despite claims of reliance on uncorroborated testimony, as sufficient independent evidence existed. Additionally, the court considered the admissibility of extraneous offenses during sentencing, affirming the trial court's decision to admit such evidence under Tex. Code Crim. Proc. Ann. art. 37.07, with proper instructions on the reasonable doubt standard. Green's appeal on these grounds was overruled, and the trial court's judgment was affirmed, maintaining the conviction based on the overwhelming evidence against him.

Legal Issues Addressed

Accomplice Testimony in Criminal Cases

Application: The court emphasized the necessity of corroborating an accomplice's testimony with additional evidence linking the defendant to the offense.

Reasoning: A conviction cannot solely rely on an accomplice's testimony unless it is corroborated by additional evidence linking the defendant to the offense.

Admissibility of Extraneous Offenses at Sentencing

Application: The trial court admitted evidence of extraneous offenses during sentencing, finding it did not violate Tex. Code Crim. Proc. Ann. art. 37.07, and instructed the jury on the necessity of a beyond reasonable doubt standard.

Reasoning: Green contends that the trial court improperly admitted evidence of unadjudicated extraneous offenses during the sentencing phase without determining their threshold admissibility.

Determination of Accomplice Status

Application: The court ruled that Wright was not an accomplice as a matter of law, and since Green did not request an instruction on accomplice status as a matter of fact, the jury was left to determine the matter with conflicting evidence.

Reasoning: Green requested the court to instruct the jury that Wright was an accomplice as a matter of law, but this request was denied.

Mootness Doctrine in Appellate Proceedings

Application: The appeal was dismissed as moot due to a full and final settlement between the parties, leading to no real controversy remaining for the court to resolve.

Reasoning: The court granted the motion and dismissed the appeal, determining that no real controversy existed, rendering the appeal moot.