Hernandez v. Texas (original by judge hervey)Annotate this Case
Appellant Teodoro Hernandez was charged with aggravated assault with a deadly weapon and family-violence assault by strangulation. The evidence showed that Hernandez struck the victim on her head or body and that he strangled her, but it showed that he poured water down her throat while he was strangling her, not while he was striking her. The court of appeals held that the evidence was insufficient to sustain the aggravated-assault-with-a-deadly-weapon conviction, but on original submission, the Texas Court of Criminal Appeals reversed and ordered Hernandez’s aggravated-assault-with-a-deadly-weapon conviction reinstated. After the high Court issued its opinion, Hernandez filed a timely motion for rehearing. Finding no reversible error, the Court reinstated its original opinion reversing the judgment of the court of appeals, rejecting Hernandez’s arguments on rehearing.