Tomas R. Ramos v. State

Court of Appeals of Texas·Decided June 8, 2006·No. 13-05-00015-CR·Published

Opinion

                             NUMBER 13-05-00015-CR

                         COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI B EDINBURG

TOMAS R. RAMOS,                                                                          Appellant,

                                                             v.

THE STATE OF TEXAS,                                                                    Appellee.

  On appeal from the 36th District Court of San Patricio County, Texas.

                             MEMORANDUM OPINION[1]

                     Before Justices Hinojosa, Rodriguez, and Garza

                         Memorandum Opinion by Justice Hinojosa


A jury found appellant, Tomas R. Ramos, guilty of two counts of the offense of failure to comply with sex-offender registration requirements,[2] and assessed his punishment for each count at seven years= imprisonment.  The trial court ordered that both sentences run concurrently.  In one issue, appellant contends the evidence is legally and factually insufficient to support his conviction.  We affirm.

                                                   A.  Standards of Review

                                                            1.  Legal Sufficiency


When we review the legal sufficiency of the evidence, we view all the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt.  Jackson v. Virginia, 443 U.S. 307, 319 (1979);  Sanders v. State, 119 S.W.3d 818, 820 (Tex. Crim. App. 2003); Johnson v. State, 23 S.W.3d 1, 7 (Tex. Crim. App. 2000).  In conducting this analysis, we may not re-weigh the evidence and substitute our judgment for that of the jury.  King v. State, 29 S.W.3d 556, 562 (Tex. Crim. App. 2000).  The standard is the same for both direct and circumstantial evidence cases.  Kutzner v. State, 994 S.W.2d 180, 184 (Tex. Crim. App. 1999); Vela v. State, 771 S.W.2d 659, 660 (Tex. App.CCorpus Christi 1989, pet. ref=d).  We measure the legal sufficiency of the evidence by the elements of the offense as defined by a hypothetically correct jury charge.  Malik v. State, 953 S.W.2d 234, 240 (Tex. Crim. App. 1997).  Such a charge would (1) accurately set out the law, (2) be authorized by the indictment, (3) not unnecessarily increase the State=s burden of proof or necessarily restrict the State=s theories of liability, and (4) adequately describe the particular offense for which the defendant was tried.  Id. at 240; see Curry v. State, 30 S.W.3d 394, 404 (Tex. Crim. App. 2000) (AWe believe the >law= as >authorized by the indictment= must be the statutory elements of the offense . . . as modified by the charging instrument.@).

                                                           2.  Factual Sufficiency

When we review the factual sufficiency of the evidence, we review all the evidence in a neutral light and set aside the verdict only if (1) the evidence is so weak as to be clearly wrong and manifestly unjust or (2) the verdict is against the great weight of the evidence.  Johnson, 23 S.W.3d at 11.  We are not bound to view the evidence in the light most favorable to the prosecution, and may consider the testimony of all the witnesses.  Id. at 10-12.  <

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
Curry v. State
30 S.W.3d 394 (Court of Criminal Appeals of Texas, 2000)
King v. State
29 S.W.3d 556 (Court of Criminal Appeals of Texas, 2000)
Vela v. State
771 S.W.2d 659 (Court of Appeals of Texas, 1989)
Malik v. State
953 S.W.2d 234 (Court of Criminal Appeals of Texas, 1997)
Reed v. State
811 S.W.2d 582 (Court of Criminal Appeals of Texas, 1991)
Johnson v. State
23 S.W.3d 1 (Court of Criminal Appeals of Texas, 2000)
Sanders v. State
119 S.W.3d 818 (Court of Criminal Appeals of Texas, 2003)
Rojas v. State
986 S.W.2d 241 (Court of Criminal Appeals of Texas, 1998)
Kutzner v. State
994 S.W.2d 180 (Court of Criminal Appeals of Texas, 1999)