Latori Devon Mosley v. State
12-16-00115-CR
| Tex. App. | May 31, 2017Background
- Appellant Latori Devon Mosley was tried for aggravated assault with a deadly weapon after throwing a rock through the windshield of a car driven by his estranged wife, Latasha.
- The rock missed Latasha, but flying glass scraped and burned her skin and small glass particles embedded in her skin.
- Photographs and police testimony showed a large windshield hole, widespread cracking, glass fragments in the car, the rearview mirror dislodged, and a rock found in the back floorboard consistent with the damage.
- Latasha testified she was driving up to ~20 mph, Mosley was less than ten feet away, and she turned her head to avoid being struck in the face; she feared for her life and her child’s safety.
- The jury convicted Mosley and assessed 40 years’ imprisonment; on appeal he challenged the legal sufficiency of the deadly-weapon finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the rock was a "deadly weapon" capable of causing death or serious bodily injury | State: rock, thrown at close range, shattered windshield, produced flying glass and risk of crash — capable of causing serious injury or death | Mosley: a rock (citing Royston) is not shown to have that character of seriousness here; insufficient evidence | Court: Affirmed — evidence sufficient to find the rock a deadly weapon when used in this manner |
Key Cases Cited
- Johnson v. State, 509 S.W.3d 320 (Tex. Crim. App. 2017) (Jackson standard and factors for deadly-weapon sufficiency review)
- Jackson v. Virginia, 443 U.S. 307 (1979) (legal-sufficiency standard for criminal convictions)
- Pruett v. State, 510 S.W.3d 925 (Tex. Crim. App. 2017) (analyze instrument by its capability in the manner of its use)
- Royston v. State, 196 S.W. 542 (Tex. Crim. App. 1917) (historical decision finding rock insufficient as deadly weapon under prior standard)