Asim Shakur Rahim v. State, 06-14-00147-CR

Defendant Azim Shakur Rahim was convicted by a jury in Lamar County of misdemeanor assault causing bodily injury; punishment 365 days in jail, no fine.
Incident (Nov. 20, 2013): an altercation outside a convenience store where Rahim struck the victim (Larry Solomon); witnesses described a punch, a subsequent struggle over a pistol, and the victim suffering fractured ribs and collapsed lung requiring hospitalization.
Police secured the pistol; Rahim voluntarily went to CID and was later investigated and charged. Rahim testified and presented a defense at trial claiming self-defense.
During trial the State elicited evidence of a prior (2007) assault by Rahim to rebut Rahim’s character-as-peaceful claim and to show intent; the trial court instructed the jury it could consider the extraneous-offense evidence.
Defense lodged no contemporaneous objection to the jury charge (affirmatively stated “no objections”), then appealed raising (1) alleged jury-charge error concerning admission/instruction on extraneous-offense evidence and (2) omission of a certified bill of costs from the clerk’s record.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Rahim)	Held (State’s position / Relief Sought)
1. Jury-charge instruction permitting consideration of 2007 assault evidence	Extraneous-offense evidence was admissible to rebut Rahim’s character/self-defense theory and to show intent; no charge error existed; alternatively, any unpreserved error was not egregiously harmful	Trial court erred in instructing jurors they could consider prior-bad-act evidence because character was not an element; error warrants reversal	Trial court did not abuse discretion; evidence admissible to rebut self-defense/intent; if unpreserved, Rahim cannot show egregious harm — affirm conviction
2. Court costs: absence of certified bill of costs in appellate record	Clerk’s record may be supplemented under Tex. R. App. P. 34.5(c)(1); once certified bill is supplied, costs assessment (approx. $302) will be supported	Without a certified bill of costs in the record, judgment for costs cannot be sustained	Court should order supplementation of clerk’s record with certified bill of costs; upon supplementation, costs judgment will be supported

Bluitt v. State, 137 S.W.3d 51 (Tex. Crim. App. 2004) (failure to object to charge preserves only egregious-harm review)
Shipp v. State, 331 S.W.3d 433 (Tex. Crim. App. 2011) (determine whether charge error exists before harm analysis)
Robinson v. State, 844 S.W.2d 925 (Tex. App.—Houston [1st Dist.] 1992) (extraneous offenses admissible to rebut defensive theory)
Halliburton v. State, 528 S.W.2d 216 (Tex. Crim. App. 1975) (when self-defense claimed, State may introduce prior violent acts to show intent)
Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1985) (standard for harm analysis where error is preserved/unpreserved)
Armstrong v. State, 340 S.W.3d 759 (Tex. Crim. App. 2011) (appellate review of sufficiency of evidence supporting court costs)
Ballinger v. State, 405 S.W.3d 346 (Tex. App.—Tyler 2013) (clerk’s bill of costs requirement and supplementation procedure)
Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (supplementing appellate record with bill of costs when omitted)
Taylor v. State, 332 S.W.3d 483 (Tex. Crim. App. 2011) (egregious-harm is difficult standard; review the whole record)