Texas Court of Appeals, Dallas
2001 WL 683638
Rayland Ladon Tyner (defendant) robbed a Sonic restaurant at gunpoint and was charged with aggravated robbery. At trial, Tyner testified that he committed the robbery under duress. Tyner said he had been selling drugs in some apartments on a rival gang’s turf. Three men from the rival gang pulled up in a car, pointed a gun at Tyner and told him to get in the car or else they would harm his pregnant wife whom they claimed to be holding captive. Because the men claimed that they had lost money as a result of Tyner doing business on their turf, they pulled into the Sonic parking lot and told Tyner to rob the restaurant and give them the money. After Tyner got out of the car, one of the men told him to “think about your baby mama while you’re in there. She can still go into labor at any time.” Tyner asked a Sonic employee for the money which was given to Tyner in a bag. The men drove away as the police arrived and arrested Tyner. The trial court refused to include Tyner’s requested jury instruction on the law of duress. Tyner was convicted and he appealed.
Rule of Law
Holding and Reasoning (Bridges, J.)
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