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Click here for the full text of this decision FACTS:A jury convicted Andrew Roberts Jr. of aggravated robbery. The evidence shows that Barnes, the robbery victim, who had known Roberts for more than 40 years, gave Roberts a ride in his car to an apartment complex known as “the projects,” where both men had grown up. As Roberts and Barnes sat in the car in the parking lot of the complex, Barnes became suspicious that he was about to be robbed by other men in the parking lot. Barnes told Roberts to get out of the car, but Roberts delayed. Roberts eventually got out of the car, leaving the front passenger door open. Roberts got in the back seat of the car and began “bouncing up and down.” Barnes saw Roberts waving in the back seat just before several men with guns surrounded the car. One of these men got into the front passenger seat through the front passenger door that Roberts had left open. Barnes heard one of the men tell Roberts that “we’ll take care of you later.” Barnes interpreted this to mean that Roberts would later receive some form of compensation from the robbers. The men robbed Barnes of property belonging to him, including his car. No one robbed Roberts. Barnes testified at trial that there was no doubt in his mind that Roberts set him up for the robbery. Roberts did not testify at trial, but the trial court admitted his grand jury testimony into evidence. Roberts testified before the grand jury that he was not involved in the robbery and that he even tried to prevent it by telling the robbers to leave Barnes alone. The grand jury indicted Roberts. Roberts also noted evidence that Barnes, in his initial statement to the police, did not claim that Roberts set him up for the robbery or that Roberts was waving from the back seat just before the robbers approached Barnes’ car. The detective handling the case testified that it is not unusual for victims of traumatic situations to later recall details of the crime. Two of the other robbers who pleaded guilty in exchange for reduced sentences testified that Roberts was not involved in the robbery. The jury convicted Roberts. Roberts claimed on direct appeal that factually insufficient evidence supported his conviction. In a memorandum opinion affirming Roberts’ conviction, the 10th Court affirmed the conviction in a 2-1 decision. The 10th Court only devoted a paragraph to its factual sufficiency review. HOLDING:Affirmed. The CCA exercised its discretionary authority to grant review. The ground upon which the CCA granted review states, “Does an intermediate appellate court have a duty to explain how it arrived at its decision on error assigned to sufficiency of the evidence at trial?” When deciding civil matters, the CCA noted that the Texas Supreme Court requires direct-appeal courts, when reversing a judgment on factual sufficiency grounds, to “set forth in detail the evidence in the case along with its reasons for concluding that the jury’s verdict was contrary to the evidence.” But the CCA noted that when a direct-appeal court affirms a civil judgment on factual-sufficiency grounds, the appeals court need only explain its ruling with a simple statement that it considered all of the evidence and concluded that the finding is not so contrary to the great weight and preponderance of the evidence as to be clearly wrong. Following the Texas Supreme Court’s rulings on factual sufficiency review, the CCA found the 10th Court’s factual sufficiency review to be sufficient. A fair reading of the record, the CCA stated, indicated that the 10th Court’s opinion set out the “most important and relevant” evidence, including evidence contrary to the jury’s verdict that three witnesses testified that Roberts was not involved in the robbery. OPINION:Hervey, J., delivered the opinion of the court in which Keller, P.J., and Womack, Keasler, and Cochran, J.J., joined. DISSENT:Meyers, Price, Johnson and Holcomb, J.J., dissented.

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