Legal Opinion · Concurrence

Hernandez v. State

Court of Appeals of Texas

Decided August 10, 2017No. 01-16-00755-CRPublished

1ConcurrenceJustice Keyes

CONCURRING OPINION

Evelyn V. Keyes, Justice

In his second issue, appellant, Nelson Alberto Hernandez, requests that this Court reform the trial court's judgment to reflect that he was convicted of assault, not of assault on a family member, as the information charged, the jury found, and the trial court held. I agree with the panel's denial of appellant's request. I write separately to emphasize the reasons for rejecting that request.

Contrary to appellant's claim, the designation of "assault-family member" in the information, jury charge, and judgment of this case conveys information important…

2Cases cited11 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Butler v. StateCourt of Criminal Appeals of Texas · 2006
  3. State v. Eakins, Texas Court of Appeals, 3rd District (Austin)2002
  4. Sunday Agbogwe v. State, Texas Court of Appeals, 1st District (Houston)2013
  5. Thomas v. State, Texas Court of Appeals, 5th District (Dallas)2004

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