Carlos Santana v. State Texas

On April 21, 1981, Olivero Flores, a driver for the Purolator Armored Company, was shot and killed during the course of a robbery. The evidence adduced at trial showed that the deceased and his partner Dorothy Wright were making their last stop of the day at a Sage department store at approximately 12 noon on a Tuesday. The deceased drove their Purolator van into the Sage parking lot and parked immediately in front of the main entrance to the store. While Wright waited inside the van, the deceased exited from the drivers side of the van and began walking around the front of the van and into the store. Two armed men (one with a shotgun and one with a pistol) were waiting by a car parked immediately beside the entrance of the store. As the deceased walked towards the store, shots rang out one of which hit the deceased. No one saw who fired the fatal shot. Witnesses testified that immediately thereafter the two men began shooting at the van, riddling it with gunfire. They eventually broke the window on the drivers door, climbed into the van and ordered Wright to exit the van. The two robbers then drove off with the van. They were apprehended approximately an hour after the offense, just a short distance away from the scene.