Tyner v. State

Facts

D robbed a Sonic restaurant at gunpoint. D admitted committing the robbery but claimed he did so under duress. D testified he was at an apartment complex prior to the robbery when three men, members of a rival gang, drove up and confronted him. The driver of the car pointed a gun at D and told him to get in the car. D refused. The driver told D “we got your baby mama around the corner pregnant and she can deliver anytime, anytime.” At the time, D's wife was pregnant, and he testified he got in the car because he was afraid for her. D had seen his wife earlier that day but had not seen her since. D thought the men were going to kill him, so to help himself survive, D took out a mirror and snorted $200 to $300 worth of cocaine that he had. D believed the cocaine would make his heart keep pumping and allow him to live longer if the men shot him. The men drove D around Dallas and finally stopped and told D to give them everything in his pockets. The driver of the car pointed at a Sonic restaurant and told D, “I want you to bring me the money.” D understood this to mean they wanted him to rob the Sonic. D asked for a gun, and one of the men hit him in the back of the head with a gun. One of the men asked D if he thought it was a game and said, “didn't you buy that pistol from Kevin the other day?” D had a pistol tucked in his waistband under his shirt. D got out of the car and approached the Sonic. One of the men told appellant to “think about your baby mama while you're in there. She can still go into labor at any time.” D pulled the hat over his face and went into the Sonic and told a woman, “I need your money.” The Sonic employees put money in a bag that D took outside. The men who had brought D to the Sonic drove away, and police arrived and arrested D. The trial court refused to instruct on duress. D was convicted and appealed.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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