Cesar Lara v. State

Citation: Not availableDocket: 08-02-00243-CR

Court: Court of Appeals of Texas; October 23, 2003; Texas; State Appellate Court

Original Court Document: View Document

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Cesar Lara was convicted of second-degree murder for the death of Robert Alba, which occurred on November 2, 1995. After being absent for several years, Lara was apprehended, and a jury sentenced him to twenty years in prison and a $5,000 fine. On appeal, he contested the sufficiency of the evidence supporting his conviction. 

Key factual elements include:

- Robert Alba, a doorman at the Old Plantation bar, and Lara, an employee at the nearby Cliff Bar, were seen together at the Briar Patch bar shortly before Alba's death. 
- Witness Francisco Mendoza noted that Lara was seeking companionship that night and later observed him conversing with Alba.
- Security footage from a Denny's restaurant captured Lara and Alba together between 1 a.m. and 2:15 a.m. on November 2. 
- Michael Newark, who worked with Alba, saw him and an unidentified man at Denny's between 4:30 a.m. and 5:30 a.m., and later identified Lara in court.
- Witness Katherine Dirriel described seeing Alba's car followed closely by another vehicle, driven by a Hispanic male matching Lara's description.
- Melissa Nicholson-Messer, Alba's neighbor, heard loud noises from his apartment early that morning, which she initially dismissed as sexual activity. She later found police at the scene.

The appellate court affirmed the conviction based on the evidence presented.

The witness reported hearing noises and observed that Alba's curtains appeared closed when she left her apartment that morning, although she couldn't recall the status of his front door. Alba had lived next door for about four months, sharing the apartment with his roommate Rudy Ortiz, who had lived there for one to two months prior to the murder. On October 31, Ortiz and his partner Manuel Flores left for Chaparral, New Mexico, returning to the apartment on November 2 around 11:45 a.m. to change clothes. They found the front door slightly open, which surprised Ortiz since Alba usually worked nights and slept during the day. Upon entering, Ortiz discovered Alba lying on the floor in a pool of blood, prompting them to cover the body with a blanket and call the police. 

Flores, who was familiar with Alba and occasionally visited him with Ortiz, corroborated Ortiz's account of their activities leading up to the murder. He confirmed the open door and Ortiz’s reaction upon finding the body. Fire Department personnel arrived shortly after, with Donald Marron noting the presence of a man at the doorway and calling the police due to suspected foul play. Sergeant Raymond Chaires secured the scene when the police arrived. 

Officer Thomas Garcia collected evidence at the scene, including hair and blood samples, while Stephen Martinez documented the area with photographs and collected fingerprints, discovering bloody footprints and evidence on a Budweiser beer can. Officer Joe Hernandez gathered additional hair samples and items from Alba's car and apartment, including cigarette butts, a used condom, and blood samples, while also lifting bloody shoe prints from the floor.

Guillermo Martinez, a detective with the El Paso Police Department, investigated a case related to the death of Alba after obtaining surveillance footage from Denny's, where Alba had been seen before his death. Christine Ceniceros, a DNA expert, analyzed blood samples from the Appellant, Alba, and Ortiz, and found that DNA from cigarette butts at the crime scene matched the Appellant's profile. However, only Alba's DNA was detected on a used condom. Hair samples from Ortiz were compared with those found at the scene, while Appellant's hair was not tested. Bruce Orndorf, a fingerprint expert, attempted to lift fingerprints from various surfaces but was unsuccessful in obtaining them from Alba's body. Appellant's fingerprints were collected only after his arrest in March 2001, matching those found on Alba's car and a Budweiser can, which also bore Ortiz's print. 

Dr. Juan Contin, the medical examiner, determined that Alba's death was caused by asphyxia due to neck compression, with injuries consistent with strangulation. Despite testing for semen, results were negative, and Alba had a blood alcohol level of 0.069. 

Rosa Ramirez, the mother of Appellant’s common-law wife, Ruth, recounted a conversation with Appellant in Juarez, where he described an incident in which he choked a man. Rosa noted Appellant's demeanor was laughing as he recounted the story, but she did not provide a police statement until March 2001. Ruth testified that she did not engage in any conversation with Appellant about the incident and denied seeing him after his indictment on November 7, 1995. She also attempted to prevent her mother from testifying due to her mother's health issues, claiming she would not lie for Appellant. Law enforcement had difficulty locating Appellant between 1995 and 2001, believing he had crossed into Juarez.

An arrest warrant was issued for Appellant in March 2001 after Rosa's police statement. The following day, Appellant was apprehended near El Paso airport. Detective Arturo Perez interviewed Appellant on March 26, 2001, during which Appellant recounted his past relationships and work history, including time spent at the Cliff bar, a gay bar, and interactions with a doorman from another bar, the OP. Appellant described a specific night about six years prior when he encountered the doorman while leaving a bar and subsequently went to Denny's with him. He asserted he never harmed the doorman and last saw him that night, denying ever visiting Alba's apartment, where a murder investigation was later conducted.

Detective Perez detailed the investigation following the discovery of Alba’s body, noting that Ortiz and Flores, initially suspected, were eliminated after their footprints did not match those found near the crime scene. Evidence placed Appellant with Alba at the Briar Patch Bar and at Denny's, supported by security footage. Appellant’s fingerprints were also found on a Budweiser can in Alba's bedroom and on the passenger side of Alba’s red Fierro. However, Detective Perez acknowledged shortcomings in the investigation, such as not interviewing key individuals or measuring bloody shoe prints.

Appellant contests the sufficiency of the evidence for his murder conviction, arguing that the evidence, when viewed favorably for the verdict, does not support a rational conclusion of guilt beyond a reasonable doubt, referencing the legal standard set in Jackson v. Virginia.

All evidence in the record, both admissible and inadmissible, must be evaluated without resolving conflicts of fact or assigning witness credibility, as that is the responsibility of the trier of fact. The reviewing court’s role is to determine if the findings are rational when viewing the evidence in a light most favorable to the verdict, resolving inconsistencies in favor of that verdict. This standard applies equally to both direct and circumstantial evidence cases. During a factual sufficiency review, the court considers all evidence without favorable bias towards the verdict, weighing evidence that supports and contradicts the elemental fact in dispute. A defendant can challenge the factual sufficiency by arguing the evidence is weak or that the verdict is against the weight of the evidence, but the court must exercise deference to the fact finder’s role without reweighing evidence merely for a potentially more reasonable outcome.

Murder is defined under Texas Penal Code as intentionally or knowingly causing death or intending serious bodily injury that leads to death. A murder charge can be reduced to second-degree felony if committed in sudden passion arising from provocation by the victim. 

In this case, the evidence against the appellant includes witness observations of interactions with the victim, such as conversations and a car potentially following the victim. Witnesses reported hearing sounds from the victim's residence, and the medical examiner found evidence of blunt force trauma and manual strangulation, confirming the cause of death as asphyxia.

Appellant's fingerprints were discovered in the victim Alba's car and on a Budweiser can located in her apartment, while DNA from cigarette butts in the apartment matched Appellant's profile. Following the discovery of Alba's body, police sought Appellant's whereabouts from Rosa Ramirez, who provided no useful information. Officers suspected Appellant fled to Mexico shortly after the murder, and an arrest warrant was not issued until Ramirez implicated him in March 2001. Appellant contends that the evidence only indicates he was present with Alba on the night of her death, not that he committed the murder. He acknowledges leaving a bar with Alba and later going to Denny's, but claimed Alba dropped him off on Mesa Street, denying he visited her apartment. However, DNA evidence confirmed his presence in the apartment, and his fingerprints were found on the beer can in Alba's bedroom. The court found that evidence of flight and Appellant's demeanor, along with other corroborating factors, linked him to the crime. The court concluded that there was sufficient evidence to support the conviction, rejected Appellant's claims of insufficient evidence, and affirmed the trial court's judgment.