Garrison Christopher McCoy was convicted of robbery and the jury assessed his punishment at forty-eight years’ confinement in TDCJ. In a single point of error, McCoy contends that the evidence is insufficient to support his conviction, either as a principal actor or party to the offense.1 We affirm the trial court’s judgment.
Taxicab driver, Jalil Alvandi, was flagged down for a fare by a young man and woman early one morning (about one-thirty). When he stopped, the young couple entered on the passenger side and a man that Alvandi had not seen before entered on the driver’s side and sat directly behind him. Alvandi identified this second young man as McCoy. Alvandi drove the three passengers to an apartment complex and once there, McCoy got out of the cab to check on his mom to see if she was in her apartment, while the young couple waited in the van.After a few minutes, McCoy returned and began looking inside the van, under Alvandi’s seat. Becoming suspicious, Alvandi told the trio that he had to leave, at which point McCoy stepped into the van, grabbed Alvandi from behind, locked his arms around Alvandi’s throat and began choking him. As Alvandi struggled, scared for his life and unable to breathe, the female passenger began poking Alvandi’s Because we hold that the evidence is sufficient to convict McCoy as a principalactor, we need not consider whether the evidence is also sufficient under law ofthe parties. See Guevara v. State
, 152 S.W.3d 45, 49 (Tex. Crim. App. 2004)
(holding that when the trial court’s charge authorizes the jury to convict on more
than one theory . . . the verdict of guilty will be upheld if the evidence is sufficienton any one of the theories) (citing Rabbani v. State
, 847 S.W.2d 555, 558 (Tex.Crim. App. 1992)). hands with a box cutter, and her companion took Alvandi’s wallet, and forcefully removed the key from the van’s ignition, causing the van’s car alarm to go off and the trio of robbers to panic. At McCoy’s prompting, the second male also took Alvandi’s cell phone. When the alarm went off, Alvandi handed them the $350 hidden in his sock before they grabbed [his] lunch box from between the seats, and fled on foot. Alvandi’s van was equipped with a camera that took still photographs of the robbery that were admitted into evidence at trial. Several photos show the young man identified as McCoy, sitting behind Alvandi with his arms locked tightly around Alvandi’s throat, and Alvandi struggling to free himself. Alvandi positively identified McCoy at trial and from a photo array as the person who choked him. Continue reading