Howard v. State, 333 S.W.3d 137 (Tex. Crim. App. 2011). · Go Syfert
Howard v. State, 333 S.W.3d 137 (Tex. Crim. App. 2011). Cases Citing This Book View Copy Cite
248 citation events (248 in the last 25 years) across 7 distinct courts.
Strongest positive: in the Matter of D.L (texapp, 2018-01-18)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) in the Matter of D.L
Tex. App. · 2018 · quote attribution · 1 verbatim quote · confidence high
because the jury could have found the appellant guilty for either of these culpable mental states, we need only address the less-culpable mental state of knowingly.
examined Cited as authority (verbatim quote) Reginald Tyrone Loville v. State (5×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
section 29.02(a)(2) encompasses not just explicit threats, but whatever implicit threats may lead to the victim being placed in fear.
discussed Cited as authority (quoted) Darrell Kramer v. the State of Texas
Tex. App. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence low
we have abolished factual-sufficiency review.
discussed Cited as authority (quoted) Giovanny Rancoco v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
we have abolished factual-sufficiency review.
discussed Cited as authority (quoted) In re D.L.
Tex. App. · 2018 · quote attribution · 1 verbatim quote · confidence low
because the jury could have found the appellant guilty for either of these culpable mental states, we need only address the less-culpable mental state of knowingly.
examined Cited as authority (quoted) Gregory Carl Green v. State (2×)
Tex. App. · 2011 · quote attribution · 2 verbatim quotes · confidence low
we have abolished factual-sufficiency review.
cited Cited as authority (rule) Isaiah Longoria AKA Isiah Longoria v. the State of Texas
Tex. App. · 2025 · confidence medium
PENAL CODE §§ 29.02(a)(2), 29.03(a)(3)(B); Howard v. State, 333 S.W.3d 137, 140 (Tex. Crim.
discussed Cited as authority (rule) Arlie Glenn Gaston v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2025 · confidence medium
Howard v. State, 333 S.W.3d 137, 138 (Tex. Crim.
discussed Cited as authority (rule) Baugh v. Lumpkin
5th Cir. · 2023 · confidence medium
See id. at 163 ; Howard v. State, 333 S.W. 3d 137, 138 (Tex. Crim.
cited Cited as authority (rule) Kevin Jason Gonzales v. the State of Texas
Tex. App. · 2023 · confidence medium
Boston, 410 S.W.3d at 325 (quoting Howard v. State, 333 S.W.3d 137, 140 (Tex. Crim.
discussed Cited as authority (rule) State v. Griffin
Kan. Ct. App. · 2022 · confidence medium
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." (Emphasis added.) Howard v. State, 333 S.W.3d 137, 138 (Tex. Crim.
discussed Cited as authority (rule) Sostenes Joey Adame v. State
Tex. App. · 2021 · confidence medium
Because the jury could have found appellant guilty based on either of these culpable mental states, we need only address the less- culpable mental state of “knowingly.” See Howard v. State, 333 S.W.3d 137, 139 (Tex. Crim.
discussed Cited as authority (rule) Tammi Bleimeyer v. State
Tex. App. · 2021 · confidence medium
Because the jury could have found appellant guilty based on either of these culpable mental states, we need only address the less-culpable mental state of “knowingly.” See Howard v. State, 333 S.W.3d 137, 139 (Tex. Crim.
discussed Cited as authority (rule) James Verdine v. State
Tex. App. · 2020 · confidence medium
“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.” Howard v. State, 333 S.W.3d 137, 138 (Tex. Crim.
discussed Cited as authority (rule) Shawntavius Dejuan Freeman v. State (2×) also: Cited "see"
Tex. App. · 2020 · confidence medium
Any actual or perceived threat of imminent bodily injury will satisfy this element if “the defendant’s actions are ‘of such a nature as in reason and common experience is likely to induce a person to part with his property against his will.’” Howard v. State, 333 S.W.3d 137, 138 (Tex. Crim.
discussed Cited as authority (rule) United States v. Charles Campbell
5th Cir. · 2019 · confidence medium
For robbery-by-threat, it is only necessary that the 11 Case: 17-50383 Document: 00515112259 Page: 12 Date Filed: 09/10/2019 No. 17-50383 defendant “is aware that his conduct is reasonably certain to place someone in fear, and that someone actually is placed in fear.” Burris, 920 F.3d at 955 (quoting Howard v. State, 333 S.W.3d 137, 140 (Tex. Crim.
discussed Cited as authority (rule) Tarrell Donald Nowlin v. State (2×) also: Cited "see"
Tex. App. · 2019 · confidence medium
Howard v. State, 333 S.W.3d 137, 138 (Tex. Crim.
discussed Cited as authority (rule) United States v. Michael Oerther (2×) also: Cited "see"
5th Cir. · 2019 · confidence medium
In support of this contention, Oerther cites to Howard v. State, 333 S.W.3d 137, 137-40 (Tex. Crim.
examined Cited as authority (rule) Troy Anthony Robertson v. State (3×) also: Cited "see"
Tex. App. · 2018 · confidence medium
Howard v. State, 333 S.W.3d 137, 138 (Tex. Crim.
discussed Cited as authority (rule) United States v. Anthony Hall, Jr. (2×) also: Cited "see"
8th Cir. · 2017 · confidence medium
At a minimum, “[s]o 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.” Howard v. State, 333 S.W.3d 137, 138 (Tex. Crim.
discussed Cited as authority (rule) Jeff P. Wright v. State (2×)
Tex. App. · 2016 · confidence medium
Id. at 325 (quoting Howard v. State, 333 S.W.3d 137, 140 (Tex. Crim.
discussed Cited as authority (rule) Darius Houston-Randle v. State
Tex. App. · 2016 · confidence medium
Citing Howard v. State, 333 S.W.3d 137, 140 (Tex.Crim.App.2011), appellant contends there must be evidence that “someone actually is placed in fear.” But the Howard court explained that implicit threats are sufficient to place a victim in fear under the robbery statute “[s]o 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.’ ” Id. at 138 (quoting Cranford v. State, 377 S.W.2d 957, 958 (Tex.Crim.App.1964)); see also Etzler v. State, 143 Tex.Crim. 327 , 158 S.W.2d 495, 496 …
cited Cited as authority (rule) Doyle Gene Roberson v. State
Tex. App. · 2016 · confidence medium
Jackson v. Virginia, 443 U.S. 307, 319 (1979); Howard v. State, 333 S.W.3d 137, 138 (Tex. Crim.
discussed Cited as authority (rule) Cesar Armijo, Jr. v. State (2×) also: Cited "see"
Tex. App. · 2016 · confidence medium
Section 29.02(a)(2) “encompasses not just explicit threats, but whatever implicit threats may lead to the victim being placed in fear. –4– 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.” Howard, 333 S.W.3d at 138 (internal footnotes and quotations omitted).
cited Cited as authority (rule) Flores, Felix
Tex. App. · 2015 · confidence medium
App. 1996) Howard v. State, 333 S.W.3d 137, 139-140 (Tex. Crim.
discussed Cited as authority (rule) Felix Flores v. State (2×)
Tex. App. · 2015 · confidence medium
App. 1996) ………………………………… 9 Howard v. State, 333 S.W.3d 137, 139-140 (Tex. Crim.
cited Cited as authority (rule) Billy Wayne Hasel v. State
Tex. App. · 2015 · confidence medium
Howard v. State, 333 S.W.3d 137, 140 (Tex. Crim.
cited Cited as authority (rule) Abel Cervantes v. State
Tex. App. · 2015 · confidence medium
Howard v. State, 333 S.W.3d 137, 138 (Tex. Crim.
discussed Cited as authority (rule) Vela, Kenneth
Tex. Crim. App. · 2015 · confidence medium
Tex. Gov’t Code § 311.011(b) (“Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.”); Rushing v. State, 353 S.W.3d 863, 865 (Tex.Crim.App.2011) (applying Government Code definition of “state”); Howard v. State, 333 S.W.3d 137, 140 (Tex.Crim.App.2011) (" ‘Knowingly’ is a term of art with a legislatively prescribed definition in the Penal Code.”). 7 .
discussed Cited as authority (rule) Odell Burgess v. State (2×)
Tex. App. · 2014 · confidence medium
The record is silent on whether the perpetrator made any affirmative threats to the child because the child did not testify and there was no other direct evidence regarding what transpired inside the car. 4 However, the statute encompasses “not just explicit threats, but whatever implicit threats may lead to the victim being placed in fear.” Howard v. State, 333 S.W.3d 137, 138 (Tex.Crim.App.2011); see Tex. Penal Code Ann § 29.02(a).
cited Cited as authority (rule) Eric A. Russell v. State
Tex. App. · 2014 · confidence medium
Russell v. State Page 3 Howard v. State, 333 S.W.3d 137, 138 (Tex. Crim.
discussed Cited as authority (rule) Cooper, Michael
Tex. Crim. App. · 2014 · confidence medium
Remedy As has been explained above, the State could have avoided violating double-jeopardy if, for each victim, instead of obtaining two convictions for aggravated robbery, the State had obtained one 49 See Howard v. State, 333 S.W.3d 137, 139 (Tex. Crim.
examined Cited as authority (rule) Willie Smith Ward v. State (3×) also: Cited "see"
Tex. App. · 2014 · confidence medium
App. 2013) (quoting Howard v. State, 333 S.W.3d 137, 140 (Tex. Crim.
examined Cited as authority (rule) John Paul Ross v. State (5×) also: Cited "see"
Tex. App. · 2012 · confidence medium
Howard, 333 S.W.3d at 138 (internal citations omitted).
examined Cited as authority (rule) John Paul Ross v. State (6×) also: Cited "see"
Tex. App. · 2012 · confidence medium
Howard , 333 S.W.3d at 138 (internal citations omitted).
discussed Cited as authority (rule) Ronald Glen Boston v. State (2×) also: Cited "see, e.g."
Tex. App. · 2012 · confidence medium
"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." Howard v. State , 333 S.W.3d 137, 138 (Tex. Crim.
discussed Cited as authority (rule) Ronald Glen Boston v. State (2×) also: Cited "see, e.g."
Tex. App. · 2012 · confidence medium
“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.” Howard v. State, 333 S.W.3d 137, 138 (Tex.Crim.App. 2011) (emphasis added).
examined Cited as authority (rule) Libra Lamarkus Reed v. State (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2012 · confidence medium
Howard v. State, 333 S.W.3d 137, 138 (Tex. Crim.
discussed Cited as authority (rule) Cortez, Raul
Tex. Crim. App. · 2011 · confidence medium
To establish harm, Cortez must show that he asserted a clear and specific challenge for cause.13 He must also show that he: (1) used all his peremptory challenges; (2) asked for and was refused additional strikes; and (3) was then forced to take an identified objectionable juror whom he would have struck had the trial judge granted his challenge for cause or granted him additional peremptory challenges.14 Cortez complied with these requirements 12 Howard v. State, 333 S.W.3d 137, 138 (Tex. Crim.
cited Cited as authority (rule) Cortez, Raul
Tex. Crim. App. · 2011 · confidence medium
Howard v. State , 333 S.W.3d 137, 138 (Tex. Crim.
discussed Cited "see" Dayton Joseph Gannon v. the State of Texas (2×)
txctapp2 · 2026 · signal: see · confidence high
See Howard v. State, 333 S.W.3d 137, 140 (Tex. Crim.
cited Cited "see" Ruby Ruiz v. the State of Texas
Tex. App. · 2024 · signal: see · confidence high
See Howard v. State, 333 S.W.3d 137 , 138–39 (Tex. Crim.
cited Cited "see" Amadeo Ramidez Castilleja, Jr. v. the State of Texas
Tex. App. · 2021 · signal: see · confidence high
See Howard v. State, 333 S.W.3d 137 (Tex. Crim.
cited Cited "see" Ingram v. Davis
W.D. Tex. · 2021 · signal: see · confidence high
See Howard v. State, 333 S.W.3d 137, 140 (Tex. Crim.
discussed Cited "see" Xzavius Demarquis Cook v. State
Tex. App. · 2020 · signal: see · confidence high
See id. (noting plain language of statute encompasses explicit threats and implicit threats that may lead victim to being placed in fear); Cranford v. State, 377 S.W.2d 957 , 958–59 (Tex. Crim.
cited Cited "see" Quinton Malbrough v. State
Tex. App. · 2020 · signal: see · confidence high
See Howard v. State, 333 S.W.3d 137 , 138 n.2 (Tex. Crim.
discussed Cited "see" United States v. Roy Robertson, Jr.
5th Cir. · 2019 · signal: see · confidence high
See United States v. Santiesteban-Hernandez, 469 F.3d 376, 380-81 (5th Cir. 2006), overruled on other grounds by United States v. Rodriguez, 711 F.3d 541 , 547–63 (5th Cir. 2013) (en banc). 1 Robertson asserts that Santiesteban-Hernandez is no longer tenable in view of the decision in Howard v. State, 333 S.W.3d 137 (Tex. Crim.
cited Cited "see" James Ingram Jr. v. State
Tex. App. · 2018 · signal: see · confidence high
See Howard v. State, 333 S.W.3d 137, 140 (Tex. Crim.
cited Cited "see" United States v. Rodolfo Nunez-Medrano
5th Cir. · 2018 · signal: see · confidence high
See id. at 139 .
discussed Cited "see" Jheryl Ray Mancillas v. State
Tex. App. · 2018 · signal: see · confidence high
See Howard v. State, 333 S.W.3d 137 , 138 n.2 (Tex. Crim.
Retrieving the full opinion text from the archive…
Christopher Lynn HOWARD, Appellant,
v.
the STATE of Texas
PD-0521-10.
Court of Criminal Appeals of Texas.
Mar 9, 2011.
333 S.W.3d 137
2011 Tex. Crim. App. LEXIS 329
2011 WL 798673
Tim Cone, Gilmer, for Appellant., Zan Colson Brown, Asst. D.A., Long-view, Jeffrey L. Van Horn, State’s Atty., Austin, for State.
Womack.
Cited by 134 opinions  |  Published
2 passages pin-cited by 4 cases
Pinpoint authority: #17,436 of 633,719
Citer courts: Court of Appeals of Texas (5)
WOMACK, J.,

delivered the opinion for a unanimous Court.

Wielding a rifle and concealing his face with white fabric, the appellant entered a Longview convenience store shortly before 10:00 p.m. on October 7, 2008. The store’s[*138] part-owner and on-duty cashier, Mukesh Patolia, was alone in the store and had gone to an office in the back. After observing the appellant on his security-camera monitor and through a one-way window, Patolia locked the office door and dialed 911. There is no evidence in the record showing that the appellant was aware of Patolia. The appellant was unable to open the cash register, but took Patolia’s wallet from the counter and some money from beneath. The appellant drove away and evaded capture that night, but was arrested a few days later. A jury convicted the appellant of aggravated robbery and sentenced him to life in prison. The Sixth Court of Appeals affirmed the conviction. [1]

We granted review on the appellant’s sole issue: “Does the offense of aggravated robbery require interaction between the accused and the purported victim?” The appellant asserts that because there was no evidence of interaction between him and Patolia, the evidence was legally insufficient [2] to support a robbery conviction, and the conviction should be reformed to that of theft. [3] This is a novel issue, on which neither we nor the parties have found controlling caselaw interpreting our current robbery statute.

The section of the robbery statute under which the appellant was charged states, in relevant part, “a person commits [robbery] if, in the course of committing theft ... and with intent to obtain or maintain control of the property, he intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.” [4]

The plain language of the statute encompasses not just explicit threats, but whatever implicit threats may lead to the victim being placed in fear. [5] 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,” [6] any actual or perceived threat of imminent bodily injury will satisfy this element of the offense.

The relevant part of the Texas statute is similar to Model Penal Code § 222.1(a)(2). [7] The comment to the Model Penal Code notes the importance of the disjunctive:

[*139] [This section] uses the language “threatens another with ... immediate serious bodily injury” to include verbal or other express offers of serious harm. Alternatively, [this section] applies to one who “purposely puts him in fear of immediate serious bodily injury,” by which is meant to be included menacing or other implied threat sought to be communicated to the victim by the actor’s conduct. This latter language would thus apply to cases where the actor brandishes a weapon or otherwise displays the ability and the intention to use force if his wishes are not honored. The intent of the subsection is thus to reach all forms of express or implied threat immediately to inflict serious bodily injury. [8]

The comment then notes that some statutes do not have a subsection equivalent to the Model Penal Code’s “puts ... in fear” or Texas’s “places in fear,” but only use the word “threaten.” [9] These statutes “seem adequate, so long as the term ‘threaten’ is broadly interpreted to apply to implicit as well as explicit threats.” [10]

In Rayford, v. State, 11 we interpreted the previous robbery statute to include situations in which there was no physical interaction. The victim of the robbery, Mrs. Salverino, was inside a store when she saw her husband get shot as he was opening his car door immediately outside the store, but she did not see the shooter. Mrs. Salverino ran outside, put her purse on the car seat, and held her husband as he died. At some point, unnoticed to Mrs. Salveri-no, the purse went missing. According to Rayford, an accomplice shot Mr. Salverino and took the purse.

The robbery statute in effect at the time allowed for conviction if a theft was committed “by putting in fear of life or bodily injury.” [12] Even though there was no physical interaction between Mrs. Salveri-no and the robbers, we “[found] no merit in appellant’s contention that Mrs. Salveri-no was not put in fear of her life or bodily injury.” [13]

Two dissenting judges argued that no robbery occurred. To elevate a theft to a robbery “ ‘there must exist the actual or threatened violence to the person antecedent to the robbery ... but there is not a scintilla of evidence that there was any actual or threatened violence to [Mrs. Sal-verino].” [14] Had the statute been limited to situations where the defendant actually threatened the victim, the dissenters would have been correct. However, because the statute, like our current statute, broadly included situations where the defendant placed the victim in fear of bodily injury, the evidence was sufficient to support a robbery conviction.

The appellant contests that he could not intentionally or knowingly place in fear “a person whose presence or even existence [was] unknown” to him. Because the jury could have found the appellant guilty for either of these culpable mental states, we need only address the less-culpable mental state of knowingly.

[*140] “Knowingly” is a term of art with a legislatively prescribed definition in the Penal Code: “A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.” [15] Thus the mental state “knowingly” does not refer to the defendant’s knowledge of the actual results of his actions, but knowledge of what results his actions are reasonably certain to cause.

Using this definition, robbery-by-placing-in-fear does not require that a defendant know that he actually places someone in fear, or know whom he actually places in fear. Rather, it requires that the defendant is aware that his conduct is reasonably certain to place someone in fear, and that someone actually is placed in fear.

The evidence in this case included a video of the appellant, his face concealed, entering a convenience store late at night during business hours and aggressively brandishing a rifle. A rational juror could have inferred from this evidence that the appellant was aware it was reasonably certain that his actions would place someone in fear of imminent bodily injury or death. The fact that the appellant did not see Patolia — who testified that he was frightened by the appellant — does not negate the appellant’s culpable mental state when he entered the store as he did and committed theft.

The evidence is sufficient to support the jury’s verdict, and we affirm the decision of the Court of Appeals.

1

. Howard, v. State, 306 S.W.3d 407 (Tex.App.-Texarkana 2010).

2

. The appellant also argues that the evidence was factually insufficient, but since the appellant's brief was submitted we have abolished factual-sufficiency review. See Brooks v. State, 323 S.W.3d 893, 894-95 (Tex.Cr.App. 2010) (plurality op.); id., at 926 (Cochran, J., concurring).

3

. The appellant does not contest the aggravating element charged in the indictment, use or exhibition of a deadly weapon. See Tex. Penal Code § 29.03(a)(2).

4

. Tex. Penal Code § 29.02 (emphasis added).

5

. See Olivas v. State, 203 S.W.3d 341, 345-46 (Tex.Cr.App.2006) (interpreting, without deciding, the definition of "threaten” for purposes of the Texas assault statute, and observing of the robbery statute, "By defining robbery to be theft plus either threatening or placing another in fear, this statute demonstrates that the term 'threaten' means something other than placing a person ‘in fear of imminent bodily injury or death.’ ” (emphasis in original)).

6

. Cranford v. State, 377 S.W.2d 957, 958 (Tex.Cr.App.1964) ("The fear must arise from the conduct of the accused however, rather than the mere temperamental timidity of the victim.”). Although Cranford was decided under a former robbery statute, this limitation has been applied to § 29.02(a)(2). Devine v. State, 786 S.W.2d 268, 270 (Tex.Cr.App. 1989) (citing Green v. State, 567 S.W.2d 211 (Tex.Cr.App.1978)).

7

. "A person is guilty of robbery if, in the course of committing a theft, he threatens another with or purposely puts him in fear of immediate serious bodily injury.”

8

. Model Penal Code § 222.1, Commentaries, vol. 2, at 109.

10

. Model Penal Code § 222.1, Commentaries, vol. 2, at 109-110.

11

. 423 S.W.2d 300 (Tex.Cr.App.1968).

12

. Tex. Penal Code art. 1408 (1925) (repealed 1974).

13

. Mrs. Salverino testified that she was afraid at the time.

14

. Rayford, 423 S.W.2d at 308 (Morrison, J., dissenting) (quoting Polk v. State, 157 Tex. Crim. 75, 246 S.W.2d 879 (1952)).

15

. Tex. Penal Code § 6.03(b); see Tex. Gov’t Code § 311.011(b) ("Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.”)