Shepard, Armon v. The State of Texas--Appeal from 41st District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ARMON SHEPARD, )

) No. 08-01-00233-CR

Appellant, )

) Appeal from the

v. )

) 41st District Court

THE STATE OF TEXAS, )

) of El Paso County, Texas

Appellee. )

) (TC# 980D04601)

)

O P I N I O N

This is an appeal of a jury conviction for aggravated robbery. The Appellant was sentenced to 60 years= in prison.

In May 1998, two masked men robbed a pawn shop in Northeast El Paso. One was armed with a handgun. They took cash, handguns, and the security camera videotape. They were apprehended by El Paso police officers minutes later after a short foot and car chase. The Appellant gave a confession admitting his participation in the robbery and that he had used his handgun.

He brings a single issue contending that the evidence is factually insufficient. In a factual sufficiency review, we consider all evidence in a neutral light. Johnson v. State, 23 S.W.3d 1, 6-7 (Tex.Crim.App. 2000). We do not substitute our judgment for that of the jury and will set aside a verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Id. at 7.

At trial, the Appellant=s confession was admitted and read to the jury. The details provided in the confession essentially matched the details provided by the near dozen witnesses who testified in the guilt/innocence phase of the trial. The Appellant testified at trial that he was tricked into signing the confession and that he did not rob the pawn shop. The evidence overwhelmingly supports the jury=s verdict of guilty. We overrule Appellant=s single issue and affirm the judgment of the trial court.

June 18, 2003

DAVID WELLINGTON CHEW, Justice

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.

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