WR-84,247-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/24/2015 10:58:58 PM
Accepted 11/25/2015 9:32:02 AM
IN THE ABEL ACOSTA
CLERK
COURT OF CRIMINL APPEALS RECEIVED
COURT OF CRIMINAL APPEALS
ORIGINAL WRIT OF 11/25/2015
ABEL ACOSTA, CLERK
MANDAMUS
ADRIAN WILSON
Appellant,
V.
THE STATE OF TEXAS
Appellee.
AUGUSTIN T. PINK
Texas Bar No. ---
2646 South Loop West #195
Houston, Texas 77054
Tel. 713.664.6651
Fax. 713.664.3242
ATTORNEY FOR APPELLANT
ORAL ARGUMENT REQUESTED
Court of Appeals Number 01-14-00787-CV
ADRIA� R. WILSON
Appellant,
V.
THE STATE OF TEXAS.
Appellee.
IDENTITY OF PARTIES & COUNSEL
ADRIAN R. \VIL SON IS REPRESENTED BY:
AUGUSTIN T. PINK
Texas Bar l\o. 00784765
2646 South Loop West #1�)5
Houston, Texas 77054
Tel. 713.664.6651
Fax. 713.664.3242
pinklawfirm@aol.com
The State of Texas:
ANNA EMMONS
Texas Bar No. 24034430
Assistant District Attorney
1201 Franklin, Suite 600
Houston, Texas 77002
Tel. 713.755.5800
iii
Ill. The Applicant conttmds that the evidence was legally and factually
insufficient to uphold his conviction.
The Applicant alleges that the evidence presented at his trial was legally and
factually insufficient to sustain his conviction. The Applicant is further requesting
that the court review the legal and factual sufficiency of the evidence supporting a
conviction under well-established standards.
In conducting the legal sufficiency review, it is to consider the evidence in
the light most favorable to the verdict to determine whether any rational trier of
fact could have found the essential elements of the crime beyond a reasonable
doubt. Sanders v. State, 119 S. W.3d818, 820 (Tex.Crim.App.2003). The court
must give deference to "the responsibility of the trier of fact to fairly resolve
conflicts in testimony, to weigh the evidence, and to draw reasonable inferences
from basic facts to ultimate facts." Hooper v. State, 214 S.W.3d 9, 13
(Tex.Crim.App.2007) (citing Jackson v. Virginia, 443 U.S. 307, 318-19, 99 S.Ct.
2781, 61 L.Ed.2d 560 (1979)). We are not required to determine whether to
believe that the evidence at i:rial established guilt beyond a reasonable doubt;
rather, when faced with conflicting evidence, we must presume that the trier of fact
resolved any such conflict in favor of the prosecution, and we must defer to that
resolution. State v. Turro, 867 S.W.2d 43, 47 (Tex.Crim.App.1993).
39
16 Q. What we can tell, though, from the autopsy
17 report is that it was more than just arguing, and it was
18 an altercation of some sort that took place prior to the
19 shooting, correct?
20 A. Right, he's got blunt trauma in addition to the
21 gunshot wounds.
22 Q. He also had blunt trauma on his hands, correct?
23 A. On one of the hands, yes.
24 Q. One hand, right, which we could also sugest
25 that he fought back?
Page 56
I A. Yeah, perhaps.
2 Q. You spoke about the butt of the gun hitting him
3 on the head, correct? Could there have been or is t
4 possible that there could have been a bottle or some
5 object that could have been used to hit him on the head?
6 A. Yeah, it's a pattern injury. It was a rounded
7 object.
43
PRAYER
For these reasons, Applicant asks that the Court grant this writ of mandamus.
/s/ Augustin T. Pink
STATE OF TEXAS §
HARRIS COUNTY §
UNSWORN DECELRATION
My name is AUGUSTIN T. PINK, my address is 2646 South Loop West #195,
Houston, Texas 77054. My date of birth is March 1, 1964, I am over 18 years of age, of
sound mind, and capable of making this affidavit; and I swear under the penalty of
perjury that the facts contained in this affidavit are within my personal knowledge and are
true and correct.
1. I am the attorney for relator. All the documents included with the petition for
writ of mandamus are true copies."
_/s/ Augustin T. Pink___
Augustin T. Pink
2
CERTIFICATE OF WORD COUNT
This is to certify that this writ of mandamus contains approximately 14,933
words.
/s/ Augustin T. Pink
Augustin T. Pink
3
CERTIFICATE OF SERVICE
I certify that I served by Certified US Mail Return Receipt Requested on
November 25, 2015, a copy of this Writ of Mandamus on the following parties:
a. The attorney for State of Texas, Assistant District Attorney Anna Emmons
Kasper, 1201 Franklin, Suite 600, Houston, Texas via hand delivery.
d. The respondent, the Honorable Mike Anderson, judge of the 262th Judicial
District Court of Harris County, Texas, via hand delivery.
/s/ Augustin T. Pink
Augustin T. Pink
4