Wilson, Adrian R.

• Court: Texas Supreme Court
• Decided: November 25, 2015
• Docket: WR-84,247-01
• Status: Published

Opinion

WR-84,247-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 11/24/2015 10:58:58 PM Accepted 11/25/2015 9:32:02 AM IN THE ABEL ACOSTA CLERK

COURT OF CRIMINL APPEALS RECEIVED COURT OF CRIMINAL APPEALS ORIGINAL WRIT OF 11/25/2015 ABEL ACOSTA, CLERK

MANDAMUS ADRIAN WILSON Appellant,

V. THE STATE OF TEXAS

Appellee.

AUGUSTIN T. PINK Texas Bar No. --- 2646 South Loop West #195 Houston, Texas 77054 Tel. 713.664.6651 Fax. 713.664.3242 ATTORNEY FOR APPELLANT

ORAL ARGUMENT REQUESTED Court of Appeals Number 01-14-00787-CV

ADRIA� R. WILSON

Appellant, V. THE STATE OF TEXAS.

IDENTITY OF PARTIES & COUNSEL

ADRIAN R. \VIL SON IS REPRESENTED BY:

AUGUSTIN T. PINK Texas Bar l\o. 00784765 2646 South Loop West #1�)5 Houston, Texas 77054 Tel. 713.664.6651 Fax. 713.664.3242 pinklawfirm@aol.com

The State of Texas:

ANNA EMMONS Texas Bar No. 24034430 Assistant District Attorney 1201 Franklin, Suite 600 Houston, Texas 77002 Tel. 713.755.5800

iii Ill. The Applicant conttmds that the evidence was legally and factually insufficient to uphold his conviction.

The Applicant alleges that the evidence presented at his trial was legally and

factually insufficient to sustain his conviction. The Applicant is further requesting

that the court review the legal and factual sufficiency of the evidence supporting a

conviction under well-established standards.

In conducting the legal sufficiency review, it is to consider 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 crime beyond a reasonable

doubt. Sanders v. State, 119 S. W.3d818, 820 (Tex.Crim.App.2003). The court

must give deference to "the responsibility of the trier of fact to fairly resolve

conflicts in testimony, to weigh the evidence, and to draw reasonable inferences

from basic facts to ultimate facts." Hooper v. State, 214 S.W.3d 9, 13

(Tex.Crim.App.2007) (citing Jackson v. Virginia, 443 U.S. 307, 318-19, 99 S.Ct.

2781, 61 L.Ed.2d 560 (1979)). We are not required to determine whether to

believe that the evidence at i:rial established guilt beyond a reasonable doubt;

rather, when faced with conflicting evidence, we must presume that the trier of fact

resolved any such conflict in favor of the prosecution, and we must defer to that

resolution. State v. Turro, 867 S.W.2d 43, 47 (Tex.Crim.App.1993).

39 16 Q. What we can tell, though, from the autopsy 17 report is that it was more than just arguing, and it was 18 an altercation of some sort that took place prior to the 19 shooting, correct? 20 A. Right, he's got blunt trauma in addition to the 21 gunshot wounds. 22 Q. He also had blunt trauma on his hands, correct? 23 A. On one of the hands, yes. 24 Q. One hand, right, which we could also sugest 25 that he fought back? Page 56

I A. Yeah, perhaps. 2 Q. You spoke about the butt of the gun hitting him 3 on the head, correct? Could there have been or is t 4 possible that there could have been a bottle or some 5 object that could have been used to hit him on the head? 6 A. Yeah, it's a pattern injury. It was a rounded 7 object.

43 PRAYER

For these reasons, Applicant asks that the Court grant this writ of mandamus.

/s/ Augustin T. Pink STATE OF TEXAS § HARRIS COUNTY §

UNSWORN DECELRATION

My name is AUGUSTIN T. PINK, my address is 2646 South Loop West #195, Houston, Texas 77054. My date of birth is March 1, 1964, I am over 18 years of age, of sound mind, and capable of making this affidavit; and I swear under the penalty of perjury that the facts contained in this affidavit are within my personal knowledge and are true and correct.

1. I am the attorney for relator. All the documents included with the petition for writ of mandamus are true copies."

_/s/ Augustin T. Pink___ Augustin T. Pink

2 CERTIFICATE OF WORD COUNT

This is to certify that this writ of mandamus contains approximately 14,933 words.

/s/ Augustin T. Pink Augustin T. Pink

3 CERTIFICATE OF SERVICE

I certify that I served by Certified US Mail Return Receipt Requested on November 25, 2015, a copy of this Writ of Mandamus on the following parties:

a. The attorney for State of Texas, Assistant District Attorney Anna Emmons Kasper, 1201 Franklin, Suite 600, Houston, Texas via hand delivery.

d. The respondent, the Honorable Mike Anderson, judge of the 262th Judicial District Court of Harris County, Texas, via hand delivery.