Smith, Kemoria ( 2006 )

Death Opinion















IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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PD-761-05

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KEMORIA SMITH, Appellee

v.

THE STATE OF TEXAS

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ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE EIGHTH COURT OF APPEALS EL PASO COUNTY

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   The opinion was delivered per curiam.

O P I N I O N

Appellant was convicted of aggravated robbery and assessed punishment of confinement for twenty-six years. Appellant raised two points of error before the Court of Appeals. In his first point of error, he claimed the evidence was "legally insufficient to support his conviction on the ground that the accomplice witness testimony heard at trial lacked sufficient corroborating evidence." Tex. Code Crim. Proc. Art. 38.14. In his second point of error, appellant claimed "the evidence was factually insufficient to support, beyond a reasonable doubt, the element of Appellant's identification as one of the alleged robbers." Clewis v. State, 922 S.W.2d 126 (Tex. Crim. App. 1996). The Court of Appeals affirmed appellant's conviction upon concluding that there was sufficient corroborating evidence to support appellant's conviction. Smith v. State, No. 08-03-00198-CR slip op. at 11-13 (Tex. App.-El Paso April 21, 2005)(not designated for publication). The court did not address appellant's second point of error in which he claimed that the evidence was factually insufficient to establish his identification as a participant.

The Court of Appeals is required to address "every issue raised and necessary to final disposition of the appeal." Tex. R. App. P. 47.1. We grant appellant's petition for discretionary review, vacate the judgment of the Court of Appeals, and remand the case to the Court of Appeals for consideration of appellant's second point of error. Id.

DELIVERED FEBRUARY 8, 2006

DO NOT PUBLISH