Marcos Barraza Barrera v. State
11-15-00252-CR
| Tex. App. | Nov 16, 2017Background
- Appellant Marcos Barraza Barrera was convicted by a jury of aggravated assault with a deadly weapon (a knife) and sentenced to 15 years after pleading true to a single enhancement.
- Dispute arose after a truck damaged a fence between neighbors David Vazquez (victim) and Gary Sanchez; Appellant (Nancy’s brother) came to inspect and a heated argument ensued at the fence line.
- No knife was recovered; responding officers did not search the scene and the case investigator did not obtain a warrant, so the jury relied solely on witness testimony.
- Five State witnesses testified that they saw Appellant pull/use a knife and that he threatened to cut/slit David’s throat; Appellant and defense witnesses denied a knife and said he only produced keys.
- Witness descriptions conflicted as to whether a knife existed, its appearance (color/holes/stripes), whether Appellant crossed onto David’s property, and what happened to the knife during/after the encounter.
- The trial and appellate dispute centered on sufficiency of the evidence to prove Appellant threatened David with imminent bodily injury while using/exhibiting a deadly weapon (knife).
Issues
| Issue | Plaintiff's Argument (Appellant) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency: Was there legally sufficient evidence that Appellant threatened David with imminent bodily injury while using/exhibiting a deadly weapon? | Testimony contained material contradictions about whether a knife existed and how it was used, so evidence is insufficient to prove the deadly-weapon element beyond reasonable doubt. | Credibility and conflicts are for the jury to resolve; multiple witnesses positively identified a knife and threats, so a rational juror could find guilt beyond a reasonable doubt. | Affirmed: viewing evidence in the light most favorable to verdict, a rational juror could find Appellant used a knife to threaten imminent bodily harm. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence review)
- Brooks v. State, 323 S.W.3d 893 (deference to jury credibility and Jackson review framework)
- Blain v. State, 647 S.W.2d 293 (knife not a deadly weapon per se; factors for deadly-weapon determination)
- McCain v. State, 22 S.W.3d 497 (intent to use an object in a manner capable of causing death/serious injury required when no death/serious injury occurred)
- Garcia v. State, 367 S.W.3d 683 (definition/meaning of "imminent")
- Devine v. State, 786 S.W.2d 268 (useful authority on imminence language)
- Isassi v. State, 330 S.W.3d 633 (application of Jackson standard in Texas)
- Gross v. State, 380 S.W.3d 181 (jury as sole judge of credibility and inference-drawing)
- Saxton v. State, 804 S.W.2d 910 (credibility and weighing testimony are jury functions)
- Mattias v. State, 731 S.W.2d 936 (jury entitled to accept/reject any witness testimony)
