Richard George Fleck v. State
05-14-01187-CR
| Tex. App. | Jun 2, 2015Background
- Appellant Richard Fleck appeals a terroristic threat conviction in Dallas County.
- The trial court convicted Fleck and sentenced him to 100 days’ confinement.
- The State charged Fleck with threatening to commit an offense involving violence against Malinda Sabes.
- Sabes testified Fleck assaulted her and threatened to injure or kill her, including ‘double-tap’ from blocks away.
- Fleck followed Sabes after police ordered him to leave, and blocked a road to confront her.
- The court applied the legal sufficiency standard to review the evidence and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves a terroristic threat beyond a reasonable doubt | Fleck | Fleck | Evidence legally sufficient to convict |
Key Cases Cited
- Lucio v. State, 351 S.W.3d 878 (Tex. Crim. App. 2011) (legal sufficiency standard; defer to fact-finder on credibility)
- Howard v. State, 333 S.W.3d 137 (Tex. Crim. App. 2011) (abolished factual sufficiency; settled on legal sufficiency)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (weight of evidence and witness credibility reviewed on appeal)
- Williams v. State, 194 S.W.3d 568 (Tex. App.—Houston [14th Dist.] 2006) (standard of review for sufficiency; affirmed on appeal)
- Cook v. State, 940 S.W.2d 344 (Tex. App.—Amarillo 1997) (definition of threat in terroristic-threat statute)
