Montgomery v. State

3 Citing cases

  1. McCoy v. Commonwealth

    553 S.W.3d 816 (Ky. 2018)   Cited 3 times

    Id. at *3.See e.g.People v. Thompson, 224 A.D.2d 646, 647, 639 N.Y.S.2d 52 (N.Y. App. 1996) ; State v. Barnes, 714 S.W.2d 811, 813 (Mo. App. 1986) ; Montgomery v. State, No. 14-16-00365-CR, 2017 WL 2484375, at *3 (Tex. App. June 8, 2017). Smith v. State, No. CACR 12-396, 2012 WL 5451807, at *3 (Ark. App. Nov. 7, 2012).

  2. Brown v. Commonwealth

    553 S.W.3d 826 (Ky. 2018)   Cited 12 times
    In Brown, the Court determined the instruction allowing the jury to determine Brown had committed theft by stealing "money or jewelry or car" was not a unanimity error.

    Id. at *3.See e.g.People v. Thompson, 224 A.D.2d 646, 647, 639 N.Y.S.2d 52 (N.Y. App. 1996) ; State v. Barnes, 714 S.W.2d 811, 813 (Mo. App. 1986) ; Montgomery v. State, No. 14-16-00365-CR, 2017 WL 2484375, at *3 (Tex. App. June 8, 2017). Smith v. State, No. CACR 12-396, 2012 WL 5451807, at *3 (Ark. App. Nov. 7, 2012).

  3. Pacheco v. State

    NO. 01-18-00605-CR (Tex. App. Jul. 28, 2020)   Cited 2 times

    created a substantial risk of death or a protracted loss or impairment of the function of a bodily member or organ. See TEX. PENAL CODE ANN. § 1.07(a)(46); Blea v. State, 483 S.W.3d 29, 35 (Tex. Crim. App. 2016) (evidence sufficient to support finding injuries created substantial risk of death where complainant sustained organ laceration and required hospitalization; hospital personnel testified injury was serious injury to organ); Moore, 739 S.W.2d at 352 (protracted loss or impairment synonymous with continuing, lingering, long-continued, ongoing, or prolonged injury); Quezada v. State, 553 S.W.3d 537, 548 (Tex. App.—El Paso 2018, no pet.) (evidence sufficient to support serious bodily injury finding where complainant hospitalized for two weeks); Botello v. State, 693 S.W.2d 528, 530 (Tex. App.—Corpus Christi-Edinburg 1985, pet. ref'd) (evidence complainant could no longer use his hand as well as before assault was sufficient to support conviction for aggravated assault); see also Montgomery v. State, No. 14-16-00365-CR, 2017 WL 2484375, at *2-4 (Tex. App.—Houston [14th Dist.] June 8, 2017, pet. ref'd) (mem. op., not designated for publication) (evidence sufficient to support finding injuries created substantial risk of death or protracted loss or impairment of function where defendant kicked complainant in ribs, complainant was in pain and rated pain as eight out of ten at hospital, complainant suffered three broken ribs, complainant received pain medication and stayed in hospital for four days, and nine months after assault complainant "still felt rib pain"). Thus, viewing all of the evidence in the light most favorable to the jury's verdict, we conclude that a rational trier of fact could have found that the complainant sustained serious bodily injury.