Alfred Ochoa v. State

OPINION

ELSA ALCALA, Justice.

Appellant, Alfred Ochoa, appeals from a judgment convicting him of felony assault involving dating violence as a second offender. See Tex. Penal Code Ann. § 22.01(a)(1), (b)(2)(A) (second assault involving dating violence is third-degree felony) (Vernon Supp.2010). In four issues, appellant contends that the evidence is legally and factually insufficient to support his conviction, that section 22.01(b)(2) of the Texas Penal Code, which elevates misdemeanor assault to a third-degree felony, violates the United States and Texas Constitutions, and that he was…