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Lewis Rainey

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Last Updated: 06 November 2020

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Lewis Rainey

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Jury finds appellant, Jonathan Lewis Rainey, guilty of offense of capital murder. Because the state does not seek the death penalty, trial court automatically assess his punishment at confinement for life. In his sole point of error, appellant contended that the trial Court erroneously instructed the jury to unanimously agree to acquit him of the offense of capital murder before it could consider whether the appellant was guilty of the lesser, including the offense of aggravated robbery. The Appellant and two other conspirators participate in an armed robbery of a Texas Pawnshop. In course of the robbery, complainant, Rogelio Caballero, Jr., Was fatally shot. The Appellant gave two conflicting statements to the police. In one, appellant claims that he did not participate in the shooting of the complainant in any way. In second, appellant claimed that both he and his co-conspirator fired shots at the complainant. The Appellant was indicted for capital murder for intentionally causing the death of complainant in the course of committing robbery. At trial, appellant admitted to his participation in armed robbery, but claimed that he was not involved in the shooting death of a complainant. The jury was instructed on charge offense of capital murder. Then the jury was instruct, unless you find from evidence beyond reasonable doubt, or if you have reasonable doubt thereof, you will acquit the defendant of capital murder and next consider whether the defendant is guilty of aggravated robbery. This paragraph was followed by instructions to the jury on lesser-include offense of aggravated robbery. Finally, jury was instruct: if you believe from evidence beyond reasonable doubt that the defendant is guilty of either capital murder on one hand or aggravated robbery on the other hand, but you have reasonable doubt as to which of say offenses he is guilty, of of then you must resolve that doubt in defendant's favor and find him Guilty of lesser offense of aggravated robbery. If you have reasonable doubt as to whether the defendant is guilty of any offense defined in this charge, you will acquit defendant and say by your verdict not guilty. The Appellants do not raise any objections to these portions of jury charge. After receiving these instructions, jury found the appellant guilty of capital murder. Trial Court assess appellant's punishment at confinement for life. This appeal follow. In his sole point of error, appellant argued that the trial court err in instructing the jury that it must unanimously agree to acquit the appellant of capital murder before it could consider whether he was guilty of lesser-include offense of aggravated robbery. The Appellant specifically complains of provision of the trial court's jury charge that state, unless you so find from evidence beyond reasonable doubt, or if you have reasonable doubt thereof, you will acquit the defendant of capital murder and next consider whether the defendant is guilty of aggravated robbery.

* Please keep in mind that all text is machine-generated, we do not bear any responsibility, and you should always get advice from professionals before taking any actions.

* Please keep in mind that all text is machine-generated, we do not bear any responsibility, and you should always get advice from professionals before taking any actions

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