Hernandez v. Texas (original by judge yeary)
Annotate this CaseAppellant Teodoro Hernandez was convicted of aggravated assault with a deadly weapon. The Court of Appeals held the evidence to be legally insufficient to establish the deadly-weapon element of the offense, reformed the judgment to reflect a conviction for the lesser-included offense of simple assault, and remanded for a new punishment hearing. The Court of Criminal Appeals held that the court of appeals erred by failing to consider all of the evidence presented at trial that might have supported the aggravated assault offense alleged in the indictment when conducting its legal sufficiency analysis. The evidence presented in this case was not legally insufficient to support a conviction for aggravated assault with a deadly weapon. Accordingly, the Court reversed the judgment of the court of appeals to the extent that it reformed the trial court’s judgment, and reinstated the judgment of the trial court.
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