819 SW2D 871 - Rodriguez v. State

How this case has been cited

Cited by 65 later decisions — most recently February 2017 · most notably Williams v. State (1997), Poindexter v. State (2005)

65 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

OVERSTREET, Judge,

¶1dissenting.

¶2I believe that the court of appeals analyzed the evidence sufficiency claim using the proper standard and came to a conclusion that is supported by the record. Upon inspection of the record, I agree that “no offense was proved and, further, even if an offense had been proved, it was not shown that appellant did commit the offense charged.” Rodriguez v. State, 802 S.W.2d 716, 724 (Tex.App.—San Antonio 1990). Thus, the court of appeals’ holding that a rational trier of fact could not have found all the essential elements of the offense beyond a reasonable doubt and order that a judgment of acquittal be entered should not be disturbed. Because the majority does disturb that holding and order, I respectfully dissent.