Gaspar v. State

OPINION

Opinion by

Chief Justice MORRISS.

Noemi Jiminez, 1 her four children, and her current boyfriend, Pedro Guzman, were all sleeping in Jiminez’s darkened bedroom. Awakened by Guzman’s scream,. Jiminez saw her former boyfriend, Felipe Rubio Gaspar, 2 on top of Guzman and thought Gaspar was hitting Guzman with his fists. She pulled Gaspar off of Guzman, but Gaspar “got up and kept just going back after [Guzman].” As the struggle between Gaspar and Guzman continued, it moved through various areas of the house, including the living room, where the lights had been turned on. When the two men…