Christopher David Harvey v. State, 10-15-00067-CR

On April 9, 2013, McLennan County deputies Mabry and Ewing went to Rebekah Rosario’s home to serve a felony warrant on Christopher David Harvey; Rosario consented to a search and deputies found Harvey on a couch.
Deputies attempted to handcuff Harvey; he resisted, spun/bolted, and in the struggle Deputy Mabry fell and later had a painful scrape on her knee.
Deputy Ewing testified Harvey hit Mabry with his shoulder/elbow during the escape; Rosario (defense witness) testified Harvey did not contact anyone but jumped out the door.
Harvey was indicted and convicted of assault of a public servant under Texas Penal Code § 22.01(b)(1).
At punishment, the State introduced prior convictions including a second-degree sexual-assault conviction and repeatedly referred to Harvey as a “rapist”; Harvey did not object at trial.
The court of appeals addressed (1) sufficiency of evidence that Harvey’s conduct caused bodily injury to the deputy and (2) whether the prosecutor’s punishment-phase references were reversible error.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Harvey)	Held
Sufficiency of evidence that Harvey caused bodily injury to a public servant	Testimony and reasonable inferences show Harvey intentionally pushed/shouldered Deputy Mabry, causing a painful knee scrape → bodily injury	Testimony did not prove Mabry’s injury was caused by Harvey’s conduct; defense witness said no contact	Affirmed: Evidence sufficient; jury permissibly inferred bodily injury from deputies’ testimony and circumstances
Prosecutor’s punishment-phase references to Harvey as a “rapist”	Prior conviction was admitted; argument referred to that conviction—no contemporaneous objection made	References were prejudicial and constituted reversible error raising Almanza egregious-harm claim	Affirmed: Defendant waived appellate review by failing to object; Almanza argument not preserved

Lucio v. State, 351 S.W.3d 878 (Tex. Crim. App. 2011) (standard for reviewing legal sufficiency of evidence)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (evidence viewed in light most favorable to verdict)
Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (circumstantial evidence can be sufficient)
Lane v. State, 763 S.W.2d 785 (Tex. Crim. App. 1989) (definition of bodily injury includes more than mere offensive touching)
Johnson v. State, 364 S.W.3d 292 (Tex. Crim. App. 2012) (assault on public servant is result-oriented offense)
Cockrell v. State, 933 S.W.2d 73 (Tex. Crim. App. 1996) (failure to object to jury argument forfeits appellate complaint)
Mays v. State, 318 S.W.3d 368 (Tex. Crim. App. 2010) (preservation rule for prosecutorial argument)
Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1985) (egregious-harm standard for unpreserved jury-charge error)