IN THE

TENTH COURT OF APPEALS

No. 10-13-00032-CR

ERIC A. RUSSELL,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 18th District Court

Johnson County, Texas

Trial Court No. F44865

MEMORANDUM OPINION

Eric Alan Russell was convicted of robbery and sentenced to 20 years in prison. 

TEX. PENAL CODE ANN. § 29.02 (West 2011). Because we find the evidence sufficient to 

support the verdict, we affirm the trial court’s judgment.

Priya Patel, the general manager of the Days Inn, arrived at work at 7:00 a.m. At 

about 8:00 a.m., a man, Russell, came to the front desk and demanded money, saying 

“Give me all your money. This is a robbery.” Patel was shocked and said, “Excuse 

me?” Russell repeated his demand. She gave him the cash drawer and he took $424. 
Russell v. State Page 2

He then demanded that she give him her keys to her vehicle. When she said she did not 

have a car, that she walked to work, Russell left, heading toward a hotel next door. 

Patel had a customer in the lobby call the neighboring hotel while Patel called 911. 

Police caught up with Russell at the Best Western hotel and arrested him. He was 

identified by Patel as the person who robbed her. 

In one issue on appeal, Russell contends the evidence was insufficient to support 

his conviction.

The Court of Criminal Appeals has expressed our standard of review of a 

sufficiency issue as follows:

In determining whether the evidence is legally sufficient to support 

a conviction, a reviewing court must consider all of the evidence in the 

light most favorable to the verdict and determine whether, based on that 

evidence and reasonable inferences therefrom, a rational fact finder could 

have found the essential elements of the crime beyond a reasonable doubt. 

Jackson v. Virginia, 443 U.S. 307, 318-19 (1979); Hooper v. State, 214 S.W.3d 9, 

13 (Tex. Crim. App. 2007). This "familiar standard gives full play to the 

responsibility of the trier of fact fairly to resolve conflicts in the testimony, 

to weigh the evidence, and to draw reasonable inferences from basic facts 

to ultimate facts." Jackson, 443 U.S. at 319. "Each fact need not point 

directly and independently to the guilt of the appellant, as long as the 

cumulative force of all the incriminating circumstances is sufficient to 

support the conviction." Hooper, 214 S.W.3d at 13.

Lucio v. State, 351 S.W.3d 878, 894 (Tex. Crim. App. 2011). 

The Court of Criminal Appeals has also explained that our review of "all of the 

evidence" includes evidence that was properly and improperly admitted. Conner v. 

State, 67 S.W.3d 192, 197 (Tex. Crim. App. 2001). And if the record supports conflicting 
Russell v. State Page 3

inferences, we must presume that the factfinder resolved the conflicts in favor of the 

prosecution and therefore defer to that determination. Jackson v. Virginia, 443 U.S. 307, 

326, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979). Further, direct and circumstantial evidence 

are treated equally: "Circumstantial evidence is as probative as direct evidence in 

establishing the guilt of an actor, and circumstantial evidence alone can be sufficient to 

establish guilt." Hooper v. State, 214 S.W.3d 9, 13 (Tex. Crim. App. 2007). Finally, it is 

well established that the factfinder is entitled to judge the credibility of witnesses and 

can choose to believe all, some, or none of the testimony presented by the parties. 

Chambers v. State, 805 S.W.2d 459, 461 (Tex. Crim. App. 1991).

A person commits robbery "if, in the course of committing theft . . . and with 

intent to obtain or maintain control of the property, he intentionally, knowingly, or 

recklessly causes bodily injury to another or intentionally threatens or places another in 

fear of imminent bodily injury or death." TEX. PENAL CODE ANN. § 29.02 (West 2011). 

Russell argues that the evidence is insufficient to prove that he threatened or placed 

Priya Patel in fear of imminent bodily injury or death.

The Texas Court of Criminal Appeals has interpreted the robbery statute, noting 

that:

The plain language of the statute encompasses not just explicit threats, but 

whatever implicit threats may lead to the victim being placed in fear. So 

long as the defendant's actions are of such nature as in reason and 

common experience is likely to induce a person to part with his property 

against his will, any actual or perceived threat of imminent bodily injury 

will satisfy this element of the offense.
Russell v. State Page 4

Howard v. State, 333 S.W.3d 137, 138 (Tex. Crim. App. 2010). In other words, is it not a 

specific element of the offense of robbery that the actor has a confrontation or physical 

altercation with another person. Howard v. State, 306 S.W.3d 407, 410 (Tex. App.—

Texarkana 2010), aff'd, 333 S.W.3d 137. "Under the 'placed in fear' language of section 

29.02, the fact-finder may conclude that an individual was 'placed in fear' in 

circumstances where no actual threats are conveyed." Id.

At trial, Patel testified that when Russell said “Give me all your money. This is a 

robbery,” she was shocked. She was scared because she could not see one of his hands 

and he had a backpack that she did not know what was in it. Patel feared that Russell 

might hurt her. There was a considerable size difference between Patel and Russell, 

and Patel thought Russell could have hurt her if he wanted to. Patel was afraid that he 

might hurt her if she did not comply with his demand. She was in fear of both bodily 

injury and death. 

Patel did not think Russell was joking. Russell was stern in his command; he 

was not smiling. She became more scared when a customer, who had been in the lobby 

at the time of the robbery, left. Patel assumed that the customer’s departure meant that 

Russell had something in his hand. Although her written statement does not indicate 

that she was scared, Patel testified that she told police that she was scared. And 

although she may not have sounded extremely upset on the 911 recording, Patel stated 
Russell v. State Page 5

she started crying after she described the incident to her husband over the telephone 

and it finally registered with her what had happened. 

After reviewing all the evidence in the light most favorable to the verdict and in 

light of the Howard opinion, a rational fact finder could have found that Russell placed 

Patel in fear of imminent bodily injury or death. Accordingly, the evidence is sufficient 

to support Russell’s conviction, and the trial court’s judgment is affirmed.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Affirmed

Opinion delivered and filed May 29, 2014

Do not publish 

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