Fedrick Harris Stralow v. State
12-15-00224-CR
| Tex. App. | Oct 31, 2015Background
- Appellant Fredrick Harris Stralow was charged with misdemeanor assault causing bodily injury to a family member (victim: his 24‑year‑old sister, Stephanie Duggan).
- Incident (Oct. 1, 2014): an argument over the infant’s mess escalated; Duggan admitted pushing Stralow and placing both hands around his throat.
- Stralow testified Duggan’s choking made it hard to breathe and he struck her once in purported self‑defense.
- A jury found Stralow guilty on May 11, 2015; sentence: 365 days probated with conditions (20 days weekend jail). Notice of appeal filed Aug. 27, 2015.
- Appellant’s amended brief argues the State failed to disprove self‑defense beyond a reasonable doubt and that the evidence is legally and factually insufficient to support the conviction.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Stralow) | Held |
|---|---|---|---|
| Whether evidence was legally sufficient to disprove self‑defense | The State obtained a jury verdict of guilt (argued injuries and credibility supported conviction). | Stralow: testimony shows he acted to repel an unlawful choking; State produced no controverting evidence to disprove self‑defense. | Appellant requests reversal and remand for insufficiency under Jackson v. Virginia standard (brief seeks that relief; no appellate decision included in record). |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (establishes legal‑sufficiency standard—whether any rational trier of fact could find guilt beyond a reasonable doubt)
- Zuliani v. State, 97 S.W.3d 589 (Tex. Crim. App. 2003) (explains State’s burden to disprove self‑defense and reviews sufficiency where evidence is sparse)
- Smith v. State, 355 S.W.3d 138 (Tex. App.—Houston [1st Dist.] 2011) (addresses State’s burden to disprove self‑defense and application of Jackson sufficiency review)