Dimmer v. State

2010 WL 86181 (2010)

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Dimmer v. State

Texas Court of Appeals
2010 WL 86181 (2010)

KL

Facts

Ronnie Ray Dimmer (defendant) owned an auto shop. One day, Eric Cooper, a friend of Dimmer’s, stopped by the shop. Dimmer was upset and searching for money he thought a mutual acquaintance, Maurice Anderson, had stolen from him. Anderson later arrived on his bicycle, and Dimmer asked him to return the money he believed Anderson stole. Cooper was present and later testified that he saw Dimmer hit Anderson in the chest, after which Anderson said he had been stabbed. Cooper did not see a stab wound but did see a small steak knife in Dimmer’s hands. Cooper saw Anderson walk across the street to a store to call for an ambulance, and Cooper left. Anderson died, and an autopsy confirmed that the cause of death was from a four-and-a-half-inch-deep knife wound, which punctured Anderson’s heart. Anderson did not have any defensive wounds on his body. Dimmer was charged with Anderson’s murder and, at trial, testified that the day Anderson died, he had been at Dimmer’s shop early in the day asking for money. Dimmer refused and asked Anderson to leave but later realized money was missing. He believed Anderson took it, which made him angry, and he confronted Anderson when he returned to the shop on his bicycle later that day. Dimmer’s testimony differed from Cooper’s in that Dimmer testified that Anderson charged at him with a knife in his hand and Dimmer took the knife after a struggle. He testified that he did not realize Anderson had been stabbed and that Anderson walked away from the scene. Dimmer also left shortly thereafter but testified that he would have stayed behind to help Anderson if he had known Anderson was injured. Dimmer was convicted and appealed, arguing the evidence did not show he had the requisite intent to cause death or serious bodily injury to Anderson.

Rule of Law

Issue

Holding and Reasoning (Anderson, J.)

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