Howard v. State

The appellant's conviction of aggravated robbery and sentence of life in prison were affirmed by the court of appeals. Appellant allegedly robbed a grocery store while the cashier dialed 911 from within a locked office. There was no evidence appellant was aware of the cashier. The fact that the appellant did not see the cashier -- who testified that he was frightened by the appellant -- does not negate the appellant's culpable mental state when he entered the store as he did and committed theft. The court of appeal's decision is affirmed. Court of Criminal Appeals, No. PD-0521-10, 03-09-2011.

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Womack, J., delivered the opinion for a unanimous Court.

Wielding a rifle and concealing his face with white fabric, the appellant entered a Longview convenience store shortly before 10:00 p.m. on October 7, 2008. The store’s part-owner and on-duty cashier, Mukesh Patolia, was alone in the store and had gone to an office in the back. After observing the appellant on his security-camera monitor and through a one-way window, Patolia locked the office door and dialed 911. There is no evidence in the record showing that the appellant was aware of Patolia. The appellant was unable to open the cash register, but took Patolia’s wallet from the counter and some money from beneath. The appellant drove away and evaded capture that night, but was arrested a few days later. A jury convicted the appellant of aggravated robbery and sentenced him to life in prison. The Sixth Court of Appeals affirmed the conviction.*fn1

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