Court of Criminal Appeals of Texas

Teodoro Miguel Hernandez v. the State of Texas

October 18, 2017556 S.W.3d 308

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals' decision and reinstated Hernandez's conviction for aggravated assault with a deadly weapon. It held that the evidence was legally sufficient to support the conviction and that any variance between the indictment and the proof was immaterial. The decision rests on the hypothetically correct jury charge doctrine and the Jackson sufficiency standard.