Antonious Desmond Brinson v. State
03-14-00702-CR
| Tex. App. | Apr 17, 2015Background
- Defendant Antonious Desmond Brinson was convicted by a jury in Bell County of assault causing bodily injury to a family member (indictment alleged hitting/pushing with hands and striking victim Javonda Johnson with a metal baseball bat) and sentenced to 13 years plus a $1,000 fine; prior family-violence conviction was stipulated for enhancement.
- Incident occurred October 10, 2013; victim Javonda and defendant had been drinking and arguing; defendant returned to the house with three men and the argument continued outside near a metal baseball bat that had been left in the yard.
- At the scene the victim and two daughters initially told police and 911 that the defendant grabbed the bat and struck the victim in the head/face; victim had a large knot on her forehead and made contemporaneous statements that the defendant hit her with the bat.
- At trial the victim and daughters recanted parts of those statements, testifying the victim picked up the bat first and there was a struggle in which both fell to the ground; one daughter nevertheless testified the defendant hit the victim "on purpose."
- The jury heard evidence of the victim’s prior pattern of recanting and refusing to prosecute after prior assaults by defendant, the victim’s reconciliation with defendant after the incident, and the defense’s contention emphasizing the trial testimony that the injury occurred during a struggle.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Brinson) | Held |
|---|---|---|---|
| Sufficiency of evidence to prove beyond a reasonable doubt that Brinson intentionally/knowingly/recklessly caused bodily injury by striking Johnson with hands or a metal bat | Evidence (victim’s 911/police statements, daughters’ contemporaneous statements, visible injury) supports a rational jury inference that Brinson grabbed the bat and struck Johnson intentionally or recklessly | Trial testimony (victim and daughters) shows the victim picked up the bat first and injury occurred during a struggle, undermining proof of requisite culpable mental state | The court should defer to the jury’s credibility determinations and hold the evidence sufficient to support the conviction |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for viewing evidence in the light most favorable to the verdict)
- Isassi v. State, 330 S.W.3d 633 (Tex. Crim. App. 2010) (deference to factfinder on credibility and conflicts in evidence)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (due process requires proof beyond a reasonable doubt; standard for sufficiency review)
- Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007) (weight and credibility are for the factfinder)
- Hacker v. State, 389 S.W.3d 860 (Tex. Crim. App. 2013) (appellate review must consider the cumulative force of evidence and presume conflicts resolved in favor of the verdict)