Another day, another Longhorn arrest warant issued

[MustangIcon]

http://www.statesman.com/blogs/content/ ... shman.html

[ponyte]

Need a little legal help to understand this. The warrant is for aggravated robbery. The article states that one of the assailants pointed a gun at the victim. Wouldn't that be armed robbery?

[jtstang]

I give up. You guys win. They have a bunch of thugs, more thugs than us for sure. I still wish we could win like them though.

[jtstang]

Need a little legal help to understand this. The warrant is for aggravated robbery. The article states that one of the assailants pointed a gun at the victim. Wouldn't that be armed robbery?

All robberies are armed except those rare ones committed by double amputees.

[2112]

oh yeah jtsteer, smu and longhorn players are the same type of kids! ha ha!!!!

[Insane_Pony_Posse]

jtstang.......is this the 3rd "ThugHorn" within a week?

what a disgrace!

Arrest warrant issued for Longhorn freshman
By Suzanne Halliburton | Thursday, August 2, 2007, 02:03 PM

An arrest warrant has been issued for Texas defensive tackle Andre Jones in connection with the robbery that landed Robert Joseph in jail last weekend.

The charge will be aggravated robbery, a first-degree felony.

Joseph, a sophomore safety who was suspended last month and then announced plans to transfer, was arrested last Saturday for the same offense. Joseph remained in Travis County Jail on Thursday afternoon.

The arrest warrant accuses Jones of being with a man known as “N.O.” or New Orleans. The warrant said the two broke into an apartment in East Austin, with N.O. pointing a gun at one of the occupants as well as a 14-year-old. N.O. asked for several items, including cell phones and gaming equipment.

The affidavit stated that a larger man was with “N.O.” The document stated that the larger man repeated N.O.’s demands and said he also had a gun. He then lifted his shirt, the affidavit stated, and reached for a chrome object in his waistband.

The arrest warrant, as well as court documents in Joseph’s arrest, identify Joseph as the man known as N.O. and the larger man as the 6-foot-5, 295-pound Jones.

Jones is a freshman from El Paso. He graduated early from high school and enrolled at Texas in January.

The Longhorns begin practice on Monday.

[PonyKai]

Of course all these 'thughorns' did win a national championship two years ago. Gotta remain objective about things because well we, and 99% of college football teams haven't won that in the last 5 years.

[ponyte]

Need a little legal help to understand this. The warrant is for aggravated robbery. The article states that one of the assailants pointed a gun at the victim. Wouldn't that be armed robbery?

All robberies are armed except those rare ones committed by double amputees.

I am still a bit confused. If one robs a home when the house is vacated, and there isn't a weapon involved, is it still armed robbery? If one snatches a purse without using a weapon, is it still armed robbery? I was under the impression that armed robbery was robbery committed with a defined weapon (gun, knife, crowbar, etc.). I have been a juror on a death penalty case where the charge was armed robbery not aggravated robbery. During voir dire, I did ask for an explanation of the charges that could lead to a death penalty case. There are 8 situations where the death penalty could be use and one of those situations was armed robbery with a death resulting from the robbery. There appeared to be a distinction between armed robbery and other robberies not associated with a weapons use. I realize that TX law can be and probably is very different form Ark law but I assumed there would be legal theories that were consistent to both states. So in TX, any robbery is armed robbery? Is that correct?

[jtstang]

I knew enough about criminal law at one time to pass the bar exam, but if memory serves in Texas "aggravated" means the same thing as "armed"--use of a weapon. It applies not only to robbery but other crimes like sexual assault, etc.

[jtstang]

From the Texas Penal Code:

§ 29.03. AGGRAVATED ROBBERY. (a) A person commits an
offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or
threatens or places another person in fear of imminent bodily
injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first
degree.
(c) In this section, "disabled person" means an individual
with a mental, physical, or developmental disability who is
substantially unable to protect himself from harm.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 357, § 2, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

[ponyte]

From the Texas Penal Code:

§ 29.03. AGGRAVATED ROBBERY. (a) A person commits an
offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or
threatens or places another person in fear of imminent bodily
injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first
degree.
(c) In this section, "disabled person" means an individual
with a mental, physical, or developmental disability who is
substantially unable to protect himself from harm.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 357, § 2, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

Thanks. That helps explain a lot for me. It appears there are differences in the way Ark defines robbery as compared to TX. That doesn't come as a surprise.

[RGV Pony]

Was it Texas or another state that has/had billboards saying there is automatic jailtime if a crime is committed with a gun?

[jtstang]

Thanks. That helps explain a lot for me. It appears there are differences in the way Ark defines robbery as compared to TX. That doesn't come as a surprise.

I seem to recall we also have something in Texas called the felony-murder rule, where they can seek capital punishment if a murder is committed during the course of another felony (or something to that effect). That sounds kind of like what you werre describing from your jury experience.

[mrydel]

Thanks. That helps explain a lot for me. It appears there are differences in the way Ark defines robbery as compared to TX. That doesn't come as a surprise.

Ponyte, if you are thinking of changing professions, stay out of Sherwood. Pickins are slim on the north side of the river.

BTW, a Whole Hog Cafe opened up about 1/4 of a mile from my house. There goes another diet attempt down the drain.

[ponyte]

Thanks. That helps explain a lot for me. It appears there are differences in the way Ark defines robbery as compared to TX. That doesn't come as a surprise.

Ponyte, if you are thinking of changing professions, stay out of Sherwood. Pickins are slim on the north side of the river.

BTW, a Whole Hog Cafe opened up about 1/4 of a mile from my house. There goes another diet attempt down the drain.

Jtstang describes one of the 8 conditions where the death penalty can be applied in Ark. The term is arm robbery with aggravating circumstances (or something similar, I would have to dig out my jury notes for the exact charge). I do have to deal quite a bit with contracts so I am very dependent on lawyers.

Don't worry mrydel. I hear lawyers have to work. I am happy sitting on my duff all day long doing nothing. 1/4 mile away. Sounds like some possibilities for watching the stangs on TV.