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John Dewayne Franklin v. State
Citation: Not availableDocket: 02-10-00172-CR
Court: Court of Appeals of Texas; April 21, 2011; Texas; State Appellate Court
Original Court Document: View Document
John Dewayne Franklin appeals his capital murder conviction, arguing the State's evidence insufficiently corroborates the testimony of his accomplice, Sammie Lee Hicks Jr. On October 14, 2007, Franklin and Hicks, driving in Franklin's Cadillac, pursued a white Suburban, believing its driver to be intoxicated. They intended to rob the passengers, Pedro Mendoza and Anastacio Zavala. During the robbery, Franklin shot and killed Mendoza. The jury convicted Franklin, resulting in a life sentence without parole. Hicks, who accepted a plea deal, testified against Franklin, leading Franklin to claim that the case relied heavily on Hicks's testimony, which only suggested Franklin's presence at the scene. Under Texas Code of Criminal Procedure Article 38.14, a conviction cannot solely depend on an accomplice's testimony without additional evidence linking the defendant to the crime. The corroborating evidence does not need to establish guilt beyond a reasonable doubt or directly connect the defendant to the offense but must suggest a link to the crime that rational jurors could recognize. Although mere presence at the crime scene is inadequate for corroboration, proximity to the scene combined with other suspicious circumstances could suffice. The court assesses evidence favorably to the jury's verdict. Hicks's testimony detailed their actions leading to the robbery and included Franklin's statement expressing intent to rob individuals resembling the victims. Hicks and Franklin prepared their firearms after parking a Cadillac at an apartment complex, where they found Mendoza and Zavala asleep. Hicks reached into Zavala’s pocket through the open window, followed by Franklin, who shot Mendoza after striking him with a gun. Hicks witnessed Franklin shoot Mendoza in the head and later recounted details of the incident to Princess Harris. The investigation corroborated this testimony with evidence, including a .357 revolver found in Franklin's vehicle, which matched bullets recovered from Mendoza. DNA evidence linked Franklin to a white glove found at the crime scene, and a cigar found there resembled one in Franklin's car. Harris confirmed Franklin's possession of guns and Hicks's admission of the robbery and shooting. Medical examiner testimony indicated Mendoza's death resulted from a gunshot wound. The evidence supported a conclusion that Franklin was connected to Mendoza’s murder, fulfilling the corroboration requirements of Texas law. The court affirmed the trial judgment against Franklin.