Opinion
No. 04-17-00340-CR
03-07-2018
Jacob HERNANDEZ, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR3748
Honorable Melisa Skinner, Judge Presiding Opinion by: Sandee Bryan Marion, Chief Justice Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice AFFIRMED
Jacob Hernandez was convicted by a jury of aggravated assault with a deadly weapon and sentenced by the trial court to twenty years' imprisonment. The sole issue Hernandez raises on appeal is whether the evidence is sufficient to support his conviction. We affirm the trial court's judgment.
BACKGROUND
The complainant in this case was shot while seated in the rear passenger seat of a truck after leaving a party around 4:00 a.m. A single round was shot from a shotgun which penetrated the door of the truck. Four other individuals were in the truck, and three of those individuals testified at trial. The complainant and one other witness identified Hernandez as the shooter. After hearing all the testimony, the jury convicted Hernandez of aggravated assault with a deadly weapon.
STANDARD OF REVIEW
"When reviewing the sufficiency of the evidence, we view the evidence 'in the light most favorable to the verdict and determine whether, based on the evidence and reasonable inferences therefrom, a rational juror could have found the essential elements of the crime beyond a reasonable doubt.'" Queeman v. State, 520 S.W.3d 616, 622 (Tex. Crim. App. 2017) (quoting Anderson v. State, 416 S.W.3d 884, 888 (Tex. Crim. App. 2013)). "The jury is the sole judge of the credibility of witnesses and the weight to be given to their testimonies, and the reviewing court must not usurp this role by substituting its own judgment for that of the jury." Id. As a reviewing court, we also defer to the jury's resolution of conflicts in the testimony. Isassi v. State, 330 S.W.3d 633, 638 (Tex. Crim. App. 2010).
ANALYSIS
Hernandez challenges the sufficiency of the evidence to support his conviction. Specifically, Hernandez contends the evidence is insufficient to support a finding that he was the person who shot the complainant.
It is well-established the testimony of a single witness is sufficient to support a conviction. See Shah v. State, 403 S.W.3d 29, 35 (Tex. App.—Houston [1st Dist.] 2012, pet. ref'd); Davis v. State, 177 S.W.3d 355, 359 (Tex. App.—Houston [1st Dist.] 2005, no pet.) (citing Aguilar v. State, 468 S.W.2d 75, 77 (Tex. Crim. App. 1971)); see also Lee v. State, 239 S.W.3d 873, 877-78 (Tex. App.—Waco 2007, pet. ref'd) (holding complainant's testimony identifying shooter in an aggravated assault case was legally sufficient evidence to support conviction). Although Hernandez argues the testimony of the witnesses was conflicting in regard to the description of the assailant and the car in which he was riding, the sequence of events preceding the shooting, and the amount of alcohol the witnesses had consumed, "[r]econciliation of conflicts and contradictions in the evidence is within the province of the jury, and such conflicts will not call for reversal if there is enough credible testimony to support the conviction." Bowden v. State, 628 S.W.2d 782, 784 (Tex. Crim. App. 1982). "The jury may believe some witnesses and refuse to believe others, and it may accept portions of the testimony of a witness and reject other portions." Id. Because the complainant identified Hernandez as the shooter both in a photo lineup and in court, the evidence is legally sufficient to support his conviction.
CONCLUSION
The trial court's judgment is affirmed.
Sandee Bryan Marion, Chief Justice DO NOT PUBLISH