Tommy Jack Lewis Armstrong v. State, 09-15-00252-CR

Armstrong chased Chris after an altercation in which Chris helped a woman who had been struck; Armstrong followed in his truck from a neighborhood onto I-10 at high speeds.
Chris testified Armstrong pulled alongside, was driving and swerving at about 90–100 mph, and swerved toward Chris’s truck, causing Chris to maneuver to avoid a collision; police stopped Armstrong after the pursuit.
Armstrong testified he only pulled alongside twice to get Chris to stop, denied swerving at or intending to injure Chris, and said he was checking on his girlfriend.
The indictment charged Armstrong with aggravated assault by threatening imminent bodily injury with a deadly weapon (an automobile) under Tex. Penal Code § 22.02(a)(2).
The jury credited Chris’s account and convicted; Armstrong appealed arguing the evidence was insufficient to prove he used his truck in a manner to threaten imminent bodily injury.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to prove aggravated assault by using a vehicle as a deadly weapon to threaten imminent bodily injury	The State: testimony that Armstrong swerved at Chris at high speed permitted a rational jury to infer Armstrong intentionally used the truck to threaten imminent bodily injury.	Armstrong: movements of his truck did not show he used it in a manner to threaten imminent bodily injury; he denied swerving or intending harm.	The court held the evidence was sufficient; the jury could reasonably infer intent from Chris’s testimony and convict.

Tyra v. State, 897 S.W.2d 796 (Tex. Crim. App. 1995) (automobiles can be deadly weapons depending on manner of use)
Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (Jackson standard governs sufficiency review)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of the evidence)
Temple v. State, 390 S.W.3d 341 (Tex. Crim. App. 2013) (jury as sole judge of credibility; circumstantial evidence probative)
Guevara v. State, 152 S.W.3d 45 (Tex. Crim. App. 2004) (intent may be inferred from conduct and circumstances)
Smith v. State, 316 S.W.3d 688 (Tex. App.—Fort Worth 2010) (upholding aggravated-assault conviction based on manner defendant used a truck)