Owolabi v. State

In Owolabi v. State, 448 S.W.3d 148 (Tex. App.--Houston 14th Dist. 2014, no pet.), three individuals forced open the back door to Ranulfo Lopez's house where Lopez and the victim were selling marijuana. Id. at 149-50. Lopez saw that one of the individuals had a gun, ran out the front door, and hid in some bushes. Id. A short time later, he returned to the house and found the victim bleeding on the floor. Id. About the same time, the appellant sought treatment at a nearby hospital for a bullet wound to his cheek. Id. Evidence showed that bullets at the crime scene were fired by two different weapons. Id. at 151. A twenty-dollar bill found on the appellant contained a blood stain that was consistent with the victim's blood. Id. at 152. Also, a blood stain on the appellant's shirt was consistent with the victim's blood. Id. Moreover, blood consistent with the appellant's blood was found on the butt of a magazine found at the crime scene, on the floor of the breakfast area in Lopez's house, the laundry room, on the washing machine, on the driveway, and on a nearby road. Id. Another witness testified that appellant had confessed that he had been involved in a "robbery that went bad." Id. Although the court ultimately determined that the evidence was sufficient to support the appellant's conviction as a conspirator--eliminating the need to determine if the evidence was sufficient to convict as a principal--it noted that the jury was entitled to resolve any conflicts in the testimony in favor of the prosecution. See id. at 153.