Court of Criminal Appeals of Texas

Raymond Olivas, Appellant v. the State of Texas

October 4, 20062006 Tex. Crim. App. LEXIS 1967

Summary

The Court held that the Texas assault‑by‑threat statute does not require the victim to perceive the threat at the time it is made and that the evidence was legally sufficient to support appellant's aggravated assault conviction. Accordingly, the Court reversed the appellate court's judgment of acquittal and remanded for further proceedings. Justice Keller, concurring, agreed with the conclusion but noted unresolved issues about victim perception and the standard for assessing threat. Justice Keller's concurrence is noted at the end of this summary.