Abrego, Jesus Efrain
PD-0417-15
| Tex. App. | Apr 16, 2015Background
- Abrego seeks discretionary review of a jury conviction for aggravated robbery in the 371st District Court of Tarrant County, Texas.
- The jury convicted Abrego and sentenced him to 40 years in prison; he remained in custody on appeal.
- The State proved the offense at trial; Abrego challenges the sufficiency of the evidence.
- The issue centers on possible mistaken identity due to darkness at the time of the robbery.
- The Seventh Court of Appeals affirmed the conviction; Abrego seeks reversal or remand for a new trial based on insufficiency of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was legally sufficient to convict | Abrego argues insufficiency of evidence | State argues sufficient evidence supports conviction | Court should reverse because of insufficient evidence |
Key Cases Cited
- Burden v. State, 55 S.W.3d 608 (Tex. Crim. App. 2001) (Jackson-based sufficiency standard applies)
- Jackson v. Virginia, 443 U.S. 307 (1979) (establishes standard for legal sufficiency review)
- Muniz v. State, 851 S.W.2d 238 (Tex. Crim. App. 1993) (limits appellate reevaluation to rational decision about elements beyond reasonable doubt)