Jessica Ruiz Espinoza v. State
05-14-01213-CR
| Tex. App. | May 7, 2015Background
- Jessica Ruiz Espinoza was charged with assault causing bodily injury after an altercation on November 28, 2012; she waived a jury and pled not guilty.
- Victim Susan Shorkey and witnesses (Autumn Aragon, Lauren Dudek, Mitchell Hinton) were helping Aragon move out when a dispute arose at the apartment door.
- Witnesses for the State described Espinoza grabbing Shorkey’s hair, pulling her to the ground, punching and kicking her, causing scratches, torn clothing, and pulled-out hair; police photos and emergency-room records were admitted.
- Espinoza and her brother testified Shorkey and her companions forcibly re-entered the apartment, were the initial aggressors, and Espinoza acted in self-defense.
- The trial court convicted Espinoza; punishment assessed was one day in jail (probated for 30 days) and a $75 fine. Espinoza appealed arguing legal insufficiency based on rejected self-defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support assault conviction | State: evidence shows Espinoza intentionally/knowingly caused bodily injury to Shorkey | Espinoza: she acted in lawful self-defense inside her residence | Court: Evidence legally sufficient; factfinder could reject self-defense and convict |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of the evidence)
- Wise v. State, 364 S.W.3d 900 (Tex. Crim. App. 2012) (application of Jackson standard in Texas)
- Zuliani v. State, 97 S.W.3d 589 (Tex. Crim. App. 2003) (defendant must produce some evidence of self-defense; State retains burden to disprove beyond a reasonable doubt)
- Saxton v. State, 804 S.W.2d 910 (Tex. Crim. App. 1991) (self-defense is a fact question for the factfinder)
- Cleveland v. State, 177 S.W.3d 374 (Tex. Crim. App. 2005) (factfinder entitled to accept or reject defensive theory)