Legal Opinion

Thomas v. State

Texas Court of Appeals, 5th District (Dallas)

Decided December 3, 2004No. 05-03-01589-CRPublishedCited by 25 opinions

1Opinion of the Court

OPINION

Opinion by

Justice MORRIS.

In this case, Leo Daniel Thomas challenges his conviction for misdemeanor assault. He contends in a single issue that the trial court erred by entering an affirmative finding of family violence. We affirm the trial court’s judgment.

The State charged appellant by information with assaulting Erica Thomas by striking her head with his hand and by choking her. At trial, Thomas and appellant testified that they had a son together. In addition, they both acknowledged they had previously been married to each other. A jury found appellant guilty. Afterward, the trial…

2Cases cited4 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Ex Parte PattersonCourt of Criminal Appeals of Texas · 1987
  4. Narron v. StateCourt of Criminal Appeals of Texas · 1992

3Cited by25 opinions

  1. Butler v. StateCourt of Criminal Appeals of Texas · 2006
  2. Sunday Agbogwe v. State, Texas Court of Appeals, 1st District (Houston)2013
  3. Butler v. StateCourt of Appeals of Texas · 2005
  4. Joel L. Hernandez v. State, Texas Court of Appeals, 7th District (Amarillo)2008
  5. Henderson v. State, Texas Court of Appeals, 3rd District (Austin)2006

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