Ford v. State

Full title: ALI KAFI FORD, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, First District, Houston

Date published: Jun 26, 2003

No. 01-02-00537-CR (Tex. App. Jun. 26, 2003)

Opinion

No. 01-02-00537-CR

Opinion issued June 26, 2003 Do not publish. Tex.R.App.P. 47.2(b).

On Appeal from the 230th District Court, Harris County, Texas, Trial Court Cause No. 886448

Panel consists of Justices HEDGES, NUCHIA, and KEYES.

MEMORANDUM OPINION

Appellant pleaded not guilty to murder. After a bench trial, the court found him guilty and assessed punishment at confinement for life. We affirm.

Legal Sufficiency

In his sole point of error, appellant contends that the evidence is legally insufficient to support his conviction. The standard of review for legal sufficiency is to view the evidence in the light most favorable to the conviction and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Johnson v. State, 23 S.W.3d 1, 7 (Tex.Crim.App. 2000). Tony Ray Robinson was the single eyewitness in this case. He testified that he was ten feet away when he saw appellant stab the complainant in the neck. Robinson, a long-time drug user, admitted to using drugs and drinking alcohol the night before the incident. Appellant contends that Robinson was not a credible witness; therefore, the evidence is legally insufficient to support his conviction. During a bench trial, the trial court is the exclusive judge of the credibility of the witnesses and the weight to be given to their testimony. Adelman v. State, 828 S.W.2d 418, 421 (Tex.Crim.App. 1992). The testimony from a single eyewitness may be sufficient to support a conviction. Bowden v. State, 628 S.W.2d 782, 784-85 (Tex.Crim.App. 1982). Accordingly, we hold that the evidence was sufficient to support the conviction in this case. The sole point of error is overruled.

Conclusion

We affirm the judgment of the trial court. Adele Hedges, Justice