Baltazar v. State
331 S.W.3d 6
Tex. App.2011Background
- Baltazar Jr. beat his girlfriend during an argument, injuring her face and other body parts.
- The most serious injuries were fractures to facial bones, described as a 'tripod fracture' by a physician.
- The jury found Baltazar guilty of aggravated assault with a deadly weapon and sentenced him to 55 years’ imprisonment.
- Appellant contends the evidence is factually insufficient to support the conviction.
- Trial evidence included testimony of injuries, a CAT scan result, and an officer’s and physician’s opinions on deadly-weapon use.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence is factually sufficient for deadly weapon use | Baltazar argues injuries were not 'serious bodily injury'. | State needed only proof that hands were used in a manner capable of causing death or serious bodily injury. | Evidence supports a deadly-weapon finding; factually sufficient. |
Key Cases Cited
- Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009) (two-pronged factual-sufficiency standard)
- Watson v. State, 204 S.W.3d 404 (Tex. Crim. App. 2006) (factual-sufficiency framework)
- Johnson v. State, 23 S.W.3d 1 (Tex. Crim. App. 2000) (same standard for factual sufficiency)
- Tucker v. State, 274 S.W.3d 688 (Tex. Crim. App. 2008) (deadly weapon use can be proven by injuries and use of hands)
- Petruccelli v. State, 174 S.W.3d 761 (Tex. App.-Waco 2005) (hands as deadly weapons; capacity to cause serious injury)