Cervera v. State

1 Citing case

  1. Gonzalez v. State

    NUMBER 13-16-00013-CR (Tex. App. Nov. 1, 2018)

    upon the testimony of the children who saw Gonzalez throw ANB to the ground, strike him, step on him, and the force necessary to cause the injuries described by the various physicians, we hold there is sufficient evidence of Gonzalez's intent to cause serious bodily injury to ANB. See Bowen v. State, 640 S.W.2d 929, 932 (Tex. Crim. App. [panel op.] 1982) ("[T]he circumstantial evidence is sufficient to support the trial court's findings of appellant's specific intent, as well as his acts which caused the death of the child."); Alexander v. State, 229 S.W.3d 731, 740 (Tex. App.—San Antonio 2007, pet. ref'd) ("The degree of force used . . . and the fact that vulnerable areas like the head and abdomen were targeted, are also supportive of an inference that [the defendant] intentionally or knowingly killed [the child] and [defendant] was not merely intending to discipline her."); Duren, 87 at 726 (holding evidence sufficient to find defendant guilty of capital murder of child);see also Cervera v. State, No. 04-11-00875-CR, 2012 WL 4810318, at *4 (Tex. App.—San Antonio 2012, no pet.) (mem. op., not designated for publication) (holding circumstantial evidence of amount of force necessary to cause the child's injuries and subsequent death along with other circumstantial evidence was sufficient). Duren v. State involved the death of a three-year-old child from severe head trauma.