David Ruiz Caballero Jr. v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00473-CR

David Ruiz Caballero Jr., Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT

NO. D-1-DC-09-201791, HONORABLE CHARLES F. BAIRD, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

The State charged defendant David Caballero with family violence assault after he allegedly assaulted JoAnn Hernandez on April 1, 2009. See Tex. Penal Code Ann. § 22.01 (West Supp. 2009). At the conclusion of trial, the jury found Caballero guilty and assessed punishment at 40 years' imprisonment. In…