Alexander Michael Hatcher v. The State of Texas--Appeal from 185th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 14-08-00661-CR

Case Date: 01/21/2010

Plaintiff: Alexander Michael Hatcher

Defendant: The State of Texas--Appeal from 185th District Court of Harris County

Preview:Affirm and Memorandum Opinion filed January 21, 2010.

In The

Fourteenth Court of Appeals
___________________ NO. 14-08-00661-CR ___________________ ALEXANDER MICHAEL HATCHER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 185th District Court Harris County, Texas Trial Court Cause No. 1134413

MEMORANDUM OPINION
Appellant, Alexander Hatcher, was charged by indictment with the felony offense of assault on a public officer and entered a plea of not guilty. The jury found him guilty as charged. Appellant raises the following issues on appeal: (1) the trial court erred in excluding testimony about appellant's psychiatric hospitalization; (2) the court erred in submitting a jury charge that failed to adequately define the phrases beyond a reasonable doubt and preponderance of the evidence; (3) there was legally and factually insufficient evidence that he had the requisite intent or knowledge to commit the offense; (4) he received ineffective assistance of counsel; (5) section 8.01 of the Texas Penal Code

violates the due process clause of United States Constitution and the Texas Constitution; and (6) his sentence violates constitutional guarantees against cruel and usual punishment. We affirm. I. BACKGROUND On September 23, 2007, appellant was confined in a single lockdown cell in the Harris County Jail. After appellant proceeded to clog his toilet and flood several jail cells, Officers W. J. Strong and Edgar O. Melchor approached his cell to remedy the problem. Consistent with department policy, they ordered appellant to place his hands through the cell's pan hole to be handcuffed. He refused and was ordered to sit down on the bunk in his cell. Although he complied with that instruction, he immediately lunged at Officer Strong after the door to his cell was opened. Appellant wrapped himself around Officer Strong and refused to let go. He also scratched Officer Strong on the head and chest, and likewise scratched and bit Officer Melchor, who had entered the cell to assist. Officers Isai Longoria and Roger L. Leverette were summoned to assist Officers Strong and Melchor. Appellant similarly scratched Officer Longoria on the arm and ripped his shirt, and scratched Officer Leverette on the forehead. A jury convicted appellant of intentionally and knowingly assaulting a public servant, a third degree felony with a sentencing range of two to ten years. See Tex. Penal Code Ann.

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