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 moment it is made, and that the evidence was legally sufficient to support appellant’s aggravated assault conviction; therefore it reversed the Court of Appeals’ judgment of acquittal and remanded for further proceedings. Justice Keller, in a concurring opinion, agreed with the majority’s holding but expressed reservations about some of the Court’s discussion.