Legal Opinion

Hernandez v. State

Court of Criminal Appeals of Texas

Decided October 18, 2017No. PD-1049-16PublishedCited by 50 opinions

1Opinion of the Court

Yeary, J., delivered the opinion of the Court in which Keller, P.J., and Keasler, Hervey, Alcala and Keel, JJ., joined.

Appellant was convicted of aggravated assault with a deadly weapon. TEX. PENAL CODE § 22.01(a)(2). The Court of Appeals held the evidence to be legally insufficient to establish the deadly-weapon element of the offense, reformed the judgment to reflect a conviction for the lesser-included offense of simple assault, and remanded for a new punishment hearing. Hernandez v. State , No. 06-15-00167-CR, 2016 WL 4256938, at *15 (Tex. App.-Texarkana 2016). We reverse the opinion of the…

2Cases cited33 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Blockburger v. United StatesSupreme Court of the United States · 1931
  3. Malik v. StateCourt of Criminal Appeals of Texas · 1997
  4. United States v. PowellSupreme Court of the United States · 1984
  5. Dunn v. United StatesSupreme Court of the United States · 1932

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3Cited by50 opinions

  1. Richard Frederking v. Cincinnati Insurance CompanyCourt of Appeals for the Fifth Circuit · 2019
  2. Omar Hernandez v. State, Texas Court of Appeals, 14th District (Houston)2019
  3. ALKAYYALI, TAREQ v. the State of TexasCourt of Criminal Appeals of Texas · 2025
  4. Adam Mirelez v. the State of Texas, Texas Court of Appeals, 3rd District (Austin)2023
  5. Alfredo Paez, Jr. v. the State of Texas, Texas Court of Appeals, 7th District (Amarillo)2025

45 more not listed; retrieve them via the Exa API.

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