CORONADO v. STATE, 07-05-0192-CR

(Tex.App.-Amarillo [7th Dist.] 10-19-2006)

Court of Appeals of Texas, Seventh District, Amarillo, Panel B.Oct 19, 2006\

ANTONIO CORONADO, JR., Appellant v. THE STATE OF TEXAS, Appellee.

MEMORANDUM OPINION

MACKEY K. HANCOCK, Justice.

Appellant, Antonio Coronado appeals his conviction for the offense of murder contending that the trial court erred in denying his request for a directed verdict based on insufficient evidence. We affirm.

Background

On September 20, 2004, appellant was attending some parties and decided to obtain additional beer by "making a beer run." Appellant, along with Sylvester Garcia and Timothy Garcia, decided to go to the home of Frank Ramirez, Jr., whom appellant knew sold beer from his home. Upon arriving at Ramirez's home, appellant and Sylvester knocked on the door and entered the residence.

Within a short period of time, witnesses heard several shots coming from the residence and saw appellant and Sylvester running out of the residence. Ramirez chased appellant and Sylvester firing a gun. Timothy, who had waited in the vehicle, picked up appellant and Sylvester and drove away from the residence.

After appellant's group left the scene, Ramirez's family found Ramirez lying on the porch bleeding. Ramirez later died from two gunshot wounds. Appellant, Sylvester, and Timothy were all charged with the murder of Ramirez.

Sylvester, who pled guilty to the murder of Ramirez, testified at appellant's trial that he was the person that fired the gun that killed Ramirez. Timothy and appellant both testified that they were unaware of Sylvester having a gun, or of any plan to rob Ramirez.

Other witnesses testified that appellant ran away from the scene, cursed at potential witnesses at a nearby club who observed the men fleeing, and misled officers during the subsequent investigation.

The jury found appellant guilty of murder and the trial court sentenced appellant to 30 years incarceration in the Institutional Division of the Texas Department of Criminal Justice.