Elisa Merrill Wilson v. State, 431 S.W.3d 92

Appellant Elisa Wilson convicted of misdemeanor telephonic harassment of Nicole Bailey.
Trial court sentenced 180 days in jail, probated for 12 months.
Evidence consisted of six voicemail messages left between April 2009 and February 2010.
Messages generally related to Bailey's driveway project, surveillance, and contact with neighbors.
Issue on appeal: whether evidence showed repeated telephone communications reasonably likely to harass Bailey under Tex. Penal Code § 42.07(a)(4).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence proves ‘repeated telephone communications’ to harass	Wilson argues calls were not repeated or harassing	State contends there were multiple calls within a single episode or closely spaced calls	No rational basis to find repetition beyond reasonable doubt

Blount v. State, 961 S.W.2d 282 (Tex. App.—Houston [1st Dist.] 1997) (repeated calls must be within close enough proximity to form a single episode)
Scott v. State, 322 S.W.3d 662 (Tex. Crim. App. 2010) (repeated calls require more than one call in close proximity to constitute a single episode)
Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard: evidence viewed in light most favorable to verdict)
Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009) (standard for reviewing evidentiary sufficiency for criminal offenses)
Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007) (applies Jackson sufficiency framework to evidence)
Adelman v. State, 828 S.W.2d 418 (Tex. Crim. App. 1992) (limits on weighing evidence; jury credibility remains with fact finder)