Leroy King v. The State of Texas--Appeal from 265th District Court of Dallas County

State: Texas

Court: Texas Northern District Court

Docket No: 10-03-00237-CR

Case Date: 12/22/2004

Plaintiff: Ellis Roy Brown

Defendant: The State of Texas--Appeal from 123rd District Court of County

Preview:Leroy King v. The State of Texas--Appeal from 265th
District Court of Dallas County
IN THE
TENTH COURT OF APPEALS
No. 10-03-00237-CR
Leroy King,
Appellant
v.
The State of Texas,
Appellee
From the 265th District Court
Dallas County, Texas
Trial Court # F03-00811-FR
MEMORANDUM Opinion
Appellant appeals his conviction for robbery. See Tex. Penal Code Ann. 29.02(a) (Vernon 2003). We will affirm.
In Appellant s sole issue, he contends that the evidence of his identity was legally insufficient. Appellant contends that
the victim s testimony was not credible. In reviewing the legal sufficiency of the evidence, however, we do not assess
the credibility of witnesses on each side. Ex parte Elizondo, 947 S.W.2d 202, 205 (Tex. Crim. App. 1996). The State
points to the following evidence. The victim observed Appellant in good light and saw his face clearly. The victim
identified Appellant without any doubt near the scene of the crime and in court. A police officer saw shock marks on
the victim s chest. A witness to the robbery saw Appellant use a metal object against the victim, and saw Appellant get
into a truck. Appellant was found in that truck near the scene of the crime, with an electric cattle prod and the victim s
credit cards. [V]iewing the evidence in the light most favorable to the prosecution, we hold that a rational trier of fact
could have found the essential elements of the crime beyond a reasonable doubt. See Herrera v. Collins, 506 U.S. 390,
401 (1993); Jackson v. Virginia, 443 U.S. 307, 318-19 (1979); Ross v. State, 133 S.W.3d 618, 620 (Tex. Crim. App.
2004). Accordingly, we overrule Appellant s issue.
Having overruled Appellant s issue, we affirm.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
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Justice Vance, and
Justice Reyna
Affirmed
Opinion delivered and filed December 22, 2004
Do not publish
[CR25]
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