Timothy Eric Gulley v. the State of Texas

Summary

The First Court of Appeals of Texas affirmed Timothy Eric Gulley’s conviction for aggravated robbery as a party to the offense. The court held that non-accomplice evidence sufficiently corroborated accomplice testimony under Texas Code of Criminal Procedure article 38.14 and that Gulley failed to preserve his evidentiary complaints regarding testimony about “jugging” and organized retail theft.

Holdings

1. The article 38.14 corroboration requirement was satisfied because testimony from two non-accomplice detectives, including evidence of Gulley's hurried pickup of Mwange, rapid and dangerous departure, association with Mwange near the crime scene, and flight-like conduct, tended to connect Gulley to the aggravated robbery.
2. Gulley did not preserve his complaints concerning testimony about organized retail theft and jugging because he failed to make timely, specific, and appropriately renewed objections or obtain a running objection or ruling outside the jury's presence.

Questions Presented

1. Whether non-accomplice evidence sufficiently tended to connect Gulley to the aggravated robbery to satisfy Texas Code of Criminal Procedure article 38.14.
2. Whether Gulley preserved his complaints that testimony concerning jugging and organized retail theft was irrelevant and unduly prejudicial.

Disposition

affirmed