Daniel Hernandez v. State

LEE ANN DAUPHINOT, JUSTICE,

dissenting.

Respectfully, I must dissent from the thoughtful majority opinion. The issue in this case is whether there must be evidence that the defendant intended to threaten injury to the specific person named in the charging instrument, the complainant,' and knew that he had done so, or whether the threat may have arisen solely from the complainant’s view of the circumstances and his conclusions about the intent of the accused. The issue is not whether there is any way to construe Appellant’s actions as threatening.

A person commits aggravated assault when he or…