In re A.P – Case Brief Summary (Texas)

In In re A.P., 59 S.W.3d 387, 391 (Tex. App.--Fort Worth 2001, no pet.) the complainant was unsure of the identity of a second shooter and a second firearm had not been recovered by police officers.

The evidence showed that a person wearing a white shirt was a passenger in the car from which shots were fired at the complainant, the complainant had seen the defendant wearing a white shirt, the defendant had been in the car with the other shooter just before the shots were fired, a gun was found near the defendant in the car, and the defendant was with the other shooter shortly after the shooting. Id.

The court held that this evidence was sufficient to show the defendant was one of the shooters even though the second firearm was not recovered. Id.