Gonzalez v. State
376 S.W.3d 141
| Tex. App. | 2012Background
- Officers responded to citizen complaints at Appellant's residence with his father and relatives; about twenty people were present and many left as deputies approached.
- Two dead roosters, two badly injured roosters, and about seventy chickens were found; a suspected cockfighting ring area contained knives, scissors, tape, vials, syringes, and other paraphernalia.
- Blood and injuries on birds and ground suggested fighting; equipment suitable for attaching blades to chickens was found near the ring.
- Appellant and his father asserted they were sparring the birds and not fighting them, claiming demonstrations tested a bird's suitability for cockfighting.
- Appellant and father were indicted for cruelty to a livestock animal under Tex. Penal Code § 42.09(a)(6); bench trial held; Appellant sentenced to eighteen months’ confinement, suspended for five years.
- The trial court and appellate court ultimately affirmed the conviction after evaluating sufficiency of the evidence and applying cockfighting statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves two livestock animals fought | Gonzalez argues no proof of a fight; sparring is not fighting | State contends evidence shows fighting with blades; not merely sparring | Sufficient evidence; rational finder could conclude fight with knives occurred. |
| Whether sparring can be criminalized as fighting under §42.09 | Gonzalez asserts sparring is permissible animal husbandry, not fighting | State can infer fighting from weapons and injuries; sparring not controlling | Rational finder could determine fighting with blades occurred; issues resolved against Gonzalez. |
Key Cases Cited
- Mejia v. State, 681 S.W.2d 88 (Tex.App.-Houston [14th Dist.] 1984) (historical statute evolution on cockfighting)
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency of evidence standard)
- Brooks v. State, 323 S.W.3d 893 (Tex.Crim.App.2010) (standard for reviewing legal sufficiency)
- Isassi v. State, 330 S.W.3d 633 (Tex.Crim.App.2010) (reweighing evidence and rationality of verdict)
- Dewberry v. State, 4 S.W.3d 735 (Tex.Crim.App.1999) (credibility and resolving conflicting evidence)
- Laster v. State, 275 S.W.3d 512 (Tex.Crim.App.2009) (non-credibility of witnesses and sufficiency review)
- Williams v. State, 235 S.W.3d 742 (Tex.Crim.App.2007) (sufficiency review framework)
- Rollerson v. State, 227 S.W.3d 718 (Tex.Crim.App.2007) (evidence weighing and reasonable inferences)
- Mejia v. State, 681 S.W.2d 88 (Tex.App.-Houston [14th Dist.] 1984) (historical context of statute governing cockfighting)