IN THE
TENTH COURT OF APPEALS
No. 10-03-00332-CR
Robert Earl Harrison,
Appellant
v.
The State of Texas,
Appellee
From the 199th District Court
Collin County, Texas
Trial Court # 199-81867-02
MEMORANDUM Opinion
This is an appeal of a conviction for misdemeanor assault. We will affirm.
Appellant contends that the evidence was legally and factually insufficient. The indictment alleged that Appellant caused bodily injury to the victim by choking her with his hand and striking her with his hand and fist, and the jury so found. The victim’s neighbor testified that she called 9-1-1 at the victim’s request, because Appellant was fighting with the victim. When police officers arrived, the victim was still terrified. The officers testified that the victim told them that Appellant had threatened to kill her, had hit her and choked her, showed the officers how Appellant choked her, showed them her injuries to her neck, arm, and chest, and told them that she was in pain from her injuries. The neighbor testified that Appellant told the victim that she was about to die. The State introduced photographs of red marks on the victim’s arm and neck. The victim testified that Appellant did not grab her arm and did not tell her that she was going to die, and testified that she did not remember Appellant’s grabbing her face or neck or strangling her, and did not remember telling her neighbor to call 9-1-1. Viewing all the evidence in the light most favorable to the verdict, a rational trier of fact could have found beyond a reasonable doubt that Appellant assaulted the victim as alleged. See Tex. Penal Code Ann. § 22.01(a)(1) (Vernon Supp. 2004-2005); Jackson v. Virginia, 443 U.S. 307, 319 (1979); Herrin v. State, 125 S.W.3d 436, 439 (Tex. Crim. App. 2002). Accordingly, the evidence that he did so is legally sufficient. Viewing the evidence in a neutral light, and giving due deference to the jury’s credibility determinations, the jury was rationally justified in finding beyond a reasonable doubt that Appellant assaulted the victim as alleged. See Zuniga v. State, No. 539-02, 2004 Tex. Crim. App. LEXIS 668, at *20 (Tex. Crim. App. Apr. 21, 2004); Johnson v. State, 23 S.W.3d 1, 11 (Tex. Crim. App. 2000). Accordingly, the evidence that he did so is factually sufficient. We overrule Appellant’s issue.
We affirm the judgment.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Opinion delivered and filed October 13, 2004
Affirmed
Do not publish
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