Ibanez v. State

In Ibanez v. State, 749 S.W.2d 804 (Tex. Crim. App. 1986), this Court was asked to determine whether there was enough evidence to sustain a conviction for capital murder. Appellant argued that at most, the evidence adduced at trial proved a murder and an unauthorized use of a motor vehicle. Ibanez, 749 S.W.2d at 805. As such, it was necessary to determine whether the State proved that appellant intentionally and knowingly killed the deceased in the course of committing robbery. The Court turned to the robbery statute in order to determine the meaning of "in the course of committing." Id. at 807. However, the Court did not stop its analysis there but went on to explain: The State, in order to obtain a conviction, was bound to prove, beyond a reasonable doubt, that appellant committed the murder during the commission of a robbery. Since the State alleged the same assaultive conduct for both the murder and the robbery, it had to prove that the appellant intentionally strangled the deceased with the intent to obtain control of the deceased's property. A killing and unrelated taking of property do not constitute capital murder under 19.03(a)(2): the State must prove a nexus between the murder and theft, i.e. that the murder occurred in order to facilitate the taking of the property. Id.