Court of Appeals of Texas, Fourth District, San Antonio
the 226th Judicial District Court, Bexar County, Texas Trial
Court No. 2015CR5175 Honorable Sid L. Harle, Judge Presiding.
Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez,
Justice Liza A. Rodriguez, Justice.
A. RODRIGUEZ, JUSTICE.
Alfredo Servin was convicted by a jury of two counts of
aggravated robbery. On appeal, Servin contends the jury
charge failed to link the appropriate mens rea to
its respective conduct element resulting in egregious harm.
We affirm the trial court's judgment.
was indicted for two counts of aggravated robbery. The two
complainants were Robert "Bob" and Betty Gilland.
Gillands, who were both over sixty-five years old, testified
Betty woke Bob around 4:00 a.m. because she saw a bright
light in the house. As Betty followed Bob down the hallway,
they were confronted by two individuals. Bob testified one of
the individuals was holding a bright light and a long gun to
which the light was possibly taped. Bob testified he could
only see the barrel of the gun because of the light. Betty
saw the bright light but did not see the gun. Both testified
they were ordered to lie down on the floor. Bob testified the
individual said he would shoot them if they did not get down.
On cross-examination, Bob admitted the statement he gave the
lead detective did not refer to the individual saying he
would shoot them, but Bob testified the individual made the
statement. Bob was subsequently ordered to assist one of the
individuals in locating the Gillands' guns which were in
a rack under their bed. Both Bob and Betty detailed the items
the individuals stole from their home.
Bob initially testified he did not did not believe he felt
scared, he later stated he was in fear for Betty and that
they were both in serious danger from the minute the
individuals entered their home. Bob further testified,
"Anybody that orders you in your own home, it's
threatening." Betty testified she felt threatened and
was afraid the individuals might cause her serious bodily
finger of a latex glove was recovered from the Gillands'
home by the area where their television was removed from the
wall. It was stipulated at trial that Servin's DNA was on
the finger of the glove.
videotaped interview, Servin admitted breaking into the
Gillands' home; however, he believed no one was home when
he broke into the house because he knocked on the door and no
hearing the evidence, the jury convicted Servin of both
counts of aggravated robbery. Servin appeals.
brief, Servin contends the jury charge failed to link the
appropriate mens rea to its respective conduct
element which was erroneous and violated his due process
rights and his right to a unanimous verdict. Acknowledging no
objection was made to the charge, Servin asserts he was
egregiously harmed by the charge error. The State concedes