Mendoza v. State

DANIEL MENDOZA, Appellant, v. THE STATE OF TEXAS, Appellee.

No. 13-21-00106-CR

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

December 1, 2022

Do not publish. Tex.R.App.P. 47.2 (b).

On appeal from the 24th District Court of Goliad County, Texas.

Before Justices Longoria, Hinojosa, and Silva

MEMORANDUM OPINION

NORA L. LONGORIA Justice

Appellant Daniel Mendoza was found guilty by a jury for committing the offenses of murder (Count I), aggravated assault with a deadly weapon (Count II), and child endangerment (Count III). See Tex. Penal Code Ann. §§ 19.02, 22.02, 22.041. Mendoza was sentenced by the jury to ninety-nine years' imprisonment for Count I, twenty years' imprisonment for Count II, and two years' imprisonment for Count III, to be served concurrently in the Correctional Institutions Division of the Texas Department of Criminal Justice. By one issue, Mendoza argues that his trial counsel was ineffective for failing to present evidence of insanity caused by voluntary intoxication at the punishment phase of his trial. We affirm.

I. Background

A. Indictment

Count I of the indictment alleged that Mendoza committed the murder of Nathan Cortinas, Mendoza's cousin, by shooting Cortinas with a firearm. Count II alleged that Mendoza committed aggravated assault with a deadly weapon by shooting Brianna Bexley, Cortinas' girlfriend, with a firearm. Count III alleged that Mendoza committed the offense of child endangerment by shooting a firearm into a vehicle occupied by Z.C.^[1], the child of Cortinas and Bexley. At Mendoza's trial, the State presented numerous witnesses demonstrating a sequence of events which culminated in two shootings: (1) a drive-by shooting at the trailer home of Cortinas and (2) a subsequent shooting at the home of April Beveridge, which served as the basis of the indicted offenses.

B. Guilt-Innocence

Beveridge testified that on June 10, 2019, she allowed Mendoza to stay in the guest bedroom of her home in Goliad, Texas. On June 12, 2019, Beveridge observed Mendoza, Jose Hernandez, Gilberto Barrientos, and Cory Gutierrez break into Robert Garcia's home and steal a shotgun, rifle, and revolver. The firearms were initially taken to Beveridge's house. Beveridge later observed Mendoza, Hernandez, Barrientos, and Gutierrez leave her home in a silver four-door sedan with the shotgun and rifle.

Beveridge further testified on June 13, 2019, she, Jade Culpepper, Mendoza, Hernandez, Barrientos, and Gutierrez smoked methamphetamine together and discussed Cortinas. Mendoza said, "[Cortinas] thinks he's about that life; he's not about that life. I'm about that life." Beveridge clarified that Mendoza meant "a gang-related life." Mendoza asked for someone to call Cortinas, and Mendoza said, "I[ a]m going to murder him." Culpepper offered to call Cortinas because they used to be in a relationship, and she was going to call Cortinas asking him to take her to Whataburger. Beveridge asked Mendoza if he had murdered anyone before, and he replied, "No, this would be my first." Beveridge stated Culpepper called Cortinas but Beveridge did not hear the conversation because Culpepper went outside to make the call. At about 11:00 p.m., Beveridge observed Mendoza with a revolver, standing on the front porch near the open garage door of her home. After she went to bed, Beveridge heard six consecutive gunshots from outside. Beveridge went outside to her front porch and saw Bexley's car parked behind her mailbox on the street. Beveridge saw Culpepper holding Bexley and Cortinas's three-week old son, and Bexley was on the ground and could not get up. When law enforcement arrived, Beveridge gave permission for police to search the premises.

Hernandez testified that on June 12, 2019, he, Frank Rucio, Mendoza, and Gutierrez drove to "La Bahia," "some back roads, [an] RV park," because Mendoza wanted to know where Cortinas lived. While traveling to Cortinas's residence, Mendoza sat on the front passenger seat with a shotgun. Mendoza stated that he was going to shoot at Cortinas's residence. Upon arrival, Rucio parked his car about twenty yards away from Cortinas's trailer home. Once Gutierrez confirmed which trailer home Cortinas lived in, Mendoza fired the shotgun three or four times out of the sedan's window toward the trailer home. After Mendoza finished shooting, Rucio then drove away from the scene.

Hernandez further testified that the next day, June 13, 2019, he went to Beveridge's house after work. When he arrived, Mendoza was present, along with Barrientos, Beveridge, Robin Jones, and a man known as "C-Ray". Jones, C-Ray, Mendoza, and Barrientos smoked methamphetamine with a glass pipe in the kitchen. Mendoza asked Barrientos if he could borrow a revolver and Barrientos agreed. Hernandez observed Mendoza take the revolver. Sometime after, Culpepper came over. Culpepper and Mendoza moved the stolen shotgun and rifle behind a vacant house, next door to Beveridge's home. According to Hernandez, Culpepper and Mendoza were talking about Cortinas the whole night. Mendoza stated he wanted to kill Cortinas over $60, stating that he was trying to get methamphetamine from Cortinas but, he alleged, Cortinas ran off with his money and refused to give it back. Hernandez offered to pay the $60 back for Cortinas, but Mendoza replied "I don't want your $60. I want to make sure [Cortinas] don't [sic] do it to anybody else, ever again."

Hernandez testified that Mendoza told Culpepper about the drive-by shooting at Cortinas' trailer home and had asked her to call Cortinas to get Cortinas to come over to Beveridge's house. Hernandez and Mendoza were present and heard Culpepper call Cortinas as they were all outside on Beveridge's porch. When Cortinas got there, Mendoza stood in Beveridge's yard, near the street, with the revolver in his hand and Hernandez was in Beveridge's garage. Hernandez heard Mendoza say, "Roll your window down," and saw Cortinas roll down the window. Hernandez saw Mendoza shoot Cortinas "about six times," stating that "[t]here was a pause like after the third bullet, and after that, [Mendoza] just let them all go." Hernandez stated that "[Mendoza] didn't say anything after he told [Cortinas] to roll down his window. [Mendoza] just shot at [Cortinas]." Bexley testified that she, Cortinas, and their infant son, Z.C., had lived in a trailer home in Goliad, Texas. Bexley was aware that some days before the shooting^[2], Mendoza had asked Cortinas to get him some drugs, and gave Cortinas $60 in exchange. However, Cortinas never gave Mendoza the drugs, nor did he return the money Mendoza paid. On the night of June 12, 2019, Cortinas, Bexley, and Z.C. were inside the trailer home when Bexley heard loud bangs. One of the trailer's windows had shattered, and Bexley was hit by two pellets but did not require medical treatment. When police arrived, Cortinas initially refused to talk to police, but he eventually told them he did not know who shot their trailer home. Bexley told police that the shooter was Mendoza because she had observed Cortinas and Mendoza texting via Snapchat, arguing about the $60. After the police had departed, Bexley observed Mendoza and Cortinas continue to text each other throughout the night. At 1:04 a.m., Bexley took a screenshot of a Snapchat message that Mendoza sent Bexley, which stated, "Hell yeah[,] b[****,] I pulled up and shot at [yo]ur house[,] and [Gutierrez] showed me where [yo]u lived[,] punk b[****] n[****.] [Yo]u ain't s[***,] and I'll do it again[.]" At 1:57 a.m., Bexley took another screenshot of a Snapchat message that Mendoza sent Bexley, which stated,

Then whoever dies first[,] wins n[****.] [Yo]u already how it is. And [wh]y y[ou ]all acting like he was[ no]t just texting me[.] [N]ah[.] [It i]s game on ever[y] week[;] expect it[.] I do[ no]t give no f[****.] [Yo]u better not b[e] where he at when [I] pull[] up or [yo]u might get got [a]nd do[ no]t bring up [yo]ur son [because I] do[ no]t care[.] [I a]m coming for him again real soon[,] so he better not hide behind [yo]u[.]

Bexley further testified that on the next day, June 13, 2019, she, Cortinas, and Z.C. stayed at a hotel. Sometime after 10 p.m., Bexley observed Cortinas communicate with Culpepper by phone but only heard parts of the conversation. Bexley heard Cortinas ask Culpepper whether Mendoza was at Beveridge's house, and Culpepper answered no. After he finished talking to Culpepper, Cortinas told Bexley that they were going to pick up Culpepper from Beveridge's house to get Whataburger. Cortinas drove Bexley and Z.C. to Beveridge's house. Bexley sat in the front passenger seat, and Z.C. was in a car seat in the back seat. Upon pulling up to Beveridge's house, Bexley saw Culpepper standing by the mailbox, and Mendoza was outside on Beveridge's yard, near the garage, appearing to be holding a gun. Bexley told Cortinas to drive and not stop, however, Cortinas replied that Mendoza was not going to do anything and parked in front of the mailbox of Beveridge's home. According to Bexley, Mendoza then walked towards the vehicle, and Culpepper opened the vehicle's back door. Culpepper said nothing, and Bexley told her to get the baby, but Culpepper was already getting the baby out of the car seat. When Mendoza got to the car, Cortinas said "Don't do this fool, don't do this, Bro," and Mendoza said, "Nah, f[***] you," and started shooting. After two or three shots, there was a pause, Cortinas told Bexley he loved her, and then Mendoza kept shooting.

Bexley next testified that she got out of the car and started walking towards the back of the car but fell. Bexley felt blood go down her back when she sat up. Bexley saw Mendoza run towards the street, and called 9-1-1, a recording of which was...