Harrell v. State

OPINION

REEVES, Justice.

This appeal involves a conviction for escape. A jury found the appellant guilty and the court assessed punishment at ten years’ confinement in the Texas Department of Corrections but probated the sentence.

Although appellant asserts six grounds of error, his second ground is dispositive of this case. Therein, he contends the court should have granted his motion for instructed verdict because as a matter of law the evidence is insufficient to prove the element of custody.

Our standard of review for a sufficiency of the evidence point is whether, after viewing the evidence…