In the Matter of the Marriage of Diane Cortina and Leodegario Cortina and In the Interest of Jessica Adriana Cortina and Jeanette Alyna Cortina, Children--Appeal from 247th District Court of Harris Co

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Laws-info.com » Cases » Texas » 6th District Court of Appeals » 2001 » In the Matter of the Marriage of Diane Cortina and Leodegario Cortina and In the Interest of Jessica Adriana Cortina and Jeanette Alyna Cortina, Children--Appeal from 247th District Court of Harris Co

State: Texas

Court: Texas Northern District Court

Docket No: 06-01-00071-CV

Case Date: 12/12/2001

Plaintiff: William Pena, as Next Friend in Behalf of Wallace Starrett

Defendant: Raymond L. Johnson, et al--Appeal from 349th District Court of Anderson County

Preview:Eric Williams v. The State of Texas--Appeal from
County Court at Law No 2 of McLennan County
IN THE
TENTH COURT OF APPEALS
No. 10-03-00132-CR
Eric Williams,
Appellant
v.
The State of Texas,
Appellee
From the County Court at Law No. 2
McLennan County, Texas
Trial Court # 20020162-CR2
MEMORANDUM Opinion
Eric Lee Williams, in his car, chased his soon to be ex-wife, in her car. The chase started at her apartment complex
and continued down public streets almost to the police station in downtown Waco. On Washington Avenue, close to
the intersection of Fourth Street, Williams bumped the back-end of his wife s car which caused her to travel into the
oncoming traffic lane. There were no other cars in that lane at the time. The jury found Williams guilty of deadly
conduct. He was sentenced to 180 days in jail. We affirm.
In two issues, Williams contends that the evidence is legally and factually insufficient to support his conviction because
there was no evidence or insufficient evidence to prove that Williams s wife was placed in imminent danger of serious
bodily injury. Deadly conduct applies to those acts that fall short of injuring another. Tex. Penal Code Ann. 22.05
(Vernon 2003); Gallegos v. State, 548 S.W.2d 50, 50 (Tex. Crim. App. 1977). And causing someone to lose control of
a vehicle enough to go into an oncoming lane of traffic, whether or not traffic is actually in that lane, is sufficient
proof of imminent danger of serious bodily injury. See Millage v. State, No. 06-01-00160-CR, 2003 Tex.App. LEXIS
8644 (Tex. App. Texarkana Oct. 7, 2003, no pet.)(not designated for publication); Guzman v. State, Nos. 14-97-00942-
CR & 14-97-00943-CR, 1999 Tex. App. LEXIS 5820 (Tex. App. Houston [14th Dist.] Aug. 5, 1999, pet. ref d)(not
designated for publication). Cf Rodriguez v. State, 137 S.W.3d 758 (Tex. App. Houston [1st Dist.] 2004, no
pet.)(endangering a child); Walker v. State, 95 S.W.3d 516 (Tex. App. Fort Worth 2002, pet. ref d)(endangering a
child).
Viewing the evidence under the appropriate standards of review, we find the evidence both legally and factually
sufficient to support the conviction. See Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979)
file:///C|/Users/Peter/Desktop/opinions/PDFs1/5896.html[8/20/2013 7:19:35 PM]

(federal legal sufficiency standard of review); Zuniga v. State, No. 539-02, 2004 Tex. Crim. App. LEXIS 668, at *20
(Tex. Crim. App. Apr. 21, 2004) (factual sufficiency standard of review). Williams s issues are overruled.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Affirmed
Opinion delivered and filed September 29, 2004
Do not publish
[CR25]
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