Mark Adrian Gonzalez v. State
11-16-00140-CR
| Tex. App. | Jul 27, 2017Background
- Appellant Mark Adrian Gonzalez was convicted by a jury of aggravated assault causing serious bodily injury to his partner (family-violence), with two prior-felony enhancements pleaded true; sentence: 62 years’ confinement.
- Incident: after M.C.’s shift, Gonzalez allegedly assaulted her in his car — grabbing, hitting, forcing her head against controls — she later fell, was struck again, and told by Gonzalez "I could have killed you."
- Victim M.C. exhibited visible injuries (eye, ear, cheek, neck, arms), was transported by EMS, treated at hospital for a punctured lung from a broken rib, and hospitalized three days.
- Recordings: 9-1-1 calls, officer’s recorded interview, photos of injuries, and jailhouse phone calls between Gonzalez and M.C. were admitted; jail calls included Gonzalez apologizing and referencing that he put her in the OR.
- At trial M.C. initially described the assault, but later recanted, claiming she injured herself; the jury disbelieved the recantation and found the State’s evidence sufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support aggravated assault (family violence) | State: physical injuries, medical testimony of punctured lung creating substantial risk of death, 9-1-1 calls, officer testimony, photos, and recordings suffice for a rational juror to convict | Gonzalez: M.C. recanted and testified she self-inflicted injuries, so evidence is insufficient | Affirmed — evidence, viewed in the light most favorable to the verdict, was sufficient for a rational juror to find guilt beyond a reasonable doubt |
| Admission of victim’s statement that Gonzalez met her at a halfway house (implied felony) | Gonzalez: the halfway-house reference implied prior felony status and was prejudicial; no valid purpose shown for relevance | State: evidence admitted and its use appropriate; also argues issue not preserved for appeal | Affirmed — error not preserved because defense failed to timely object when exhibit was offered into evidence |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency review: whether any rational trier of fact could have found guilt beyond a reasonable doubt)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (review sufficiency of evidence under Jackson; defer to jury credibility choices)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (circumstantial evidence can be as probative as direct evidence)
- Polk v. State, 729 S.W.2d 749 (Tex. Crim. App. 1987) (timeliness rule for objections to preserve error)
- Mulder v. State, 707 S.W.2d 908 (Tex. Crim. App. 1986) (post-admission objections are untimely and do not preserve error)