Edward v. Texas (original by judge slaughter)
Annotate this CaseAppellant Duke Edward was convicted of felony assault for beating his girlfriend. The offense was elevated to a third-degree felony based in part on the existence of a “dating relationship” between Appellant and the victim. On appeal, the Court of Appeals reversed Appellant’s conviction, finding the evidence insufficient to meet the statutory requirements under Family Code Section 71.0021(b) for establishing a dating relationship. The Texas Court of Criminal Appeals granted the State’s petition for discretionary review to address whether the Court of Appeal erred in holding that evidence of a dating relationship was insufficient where the State presented evidence that the victim referred to Appellant as her “boyfriend” when speaking to law enforcement immediately after the assault, as well as other circumstantial evidence suggesting the existence of an intimate relationship. The Court of Criminal Appeals found the Court of Appeal erred, and reversed that court's judgment. The trial court's judgment of conviction was affirmed.
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