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Snell v. State

Appellant's issue is whether the trial court erred by not including a spoliation instruction to the jury. He relies principally on the analysis set out in the Waco Court of Appeals 2007 decision Pena v. State . The Fort Worth appellate court has declined to follow Pena and has held that to show a violation of the Texas Due Course of Law provision, an appellant must show that the State acted in bad faith. Here, there is no claim of bad faith on the part of the State. The Fort Worth Court of Appeals concluded there was no error and affirmed the trial court's judgment. Fort Worth Court of Appeals, No. 2-09-277-CR, 09-03-2010

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OPINION

Appellant Scott Marcus Snell appeals from his conviction by a jury for the offense of robbery by threats. The issue on appeal is whether the trial court erred by failing to give a requested spoliation instruction to the jury. We resolve this issue in favor of the State and affirm the trial court’s judgment.

David Smith arranged to meet Brandi Harper, who had advertised herself as a prostitute, at a hotel in Arlington. When he met her in the hotel room, he noticed that she seemed nervous. After he gave her the agreed amount of money, they sat and talked for a few minutes. When someone knocked on the door to the room a few minutes later, Harper told Smith to go in the bedroom and she opened the door.

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