Jessica Ruiz Espinoza v. State ( 2015 )


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  • Affirmed and Opinion Filed May 7, 2015
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-14-01213-CR
    JESSICA RUIZ ESPINOZA, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the County Court at Law No. 5
    Collin County, Texas
    Trial Court Cause No. 005-83192-2013
    MEMORANDUM OPINION
    Before Justices Francis, Lang-Miers, and Whitehill
    Opinion by Justice Whitehill
    Jessica Ruiz Espinoza waived a jury and pled not guilty before the trial court to assault
    causing bodily injury. After finding appellant guilty, the trial court assessed punishment at one
    day’s confinement in the county jail, probated for thirty days, and a $75 fine. In a single issue,
    appellant contends the evidence is legally insufficient to support the conviction. We affirm the
    trial court’s judgment.
    EVIDENCE PRESENTED
    Aragon
    Autumn Aragon testified that she and appellant were roommates from July 2012 until
    November 28, 2012, when Aragon moved out. Susan Shorkey (the complainant), Lauren Dudek,
    and Mitchell Hinton helped Aragon move her belongings from appellant’s apartment.
    Aragon and her friends arrived at the apartment and started moving her things out
    sometime in the late morning. When they arrived, appellant and three individuals, identified, as
    “Hira, Jason, and Rashad,” were sitting on the couch in the living room. Appellant walked back
    and forth between the couch and her own bedroom during the time Aragon’s friends moved
    items from Aragon’s bedroom.
    After almost two hours of going in and out of the apartment, Aragon heard the door shut
    “with a slam noise” as she put items in a rental truck outside. Aragon heard Shorkey say “Let us
    inside,” and heard banging on the door. When she looked up the stairs toward the apartment
    door, Aragon saw appellant grab Shorkey’s hair and yell at her to “get out.” Both appellant and
    Shorkey were yelling and cursing at one another. Appellant grabbed Shorkey’s hair and pushed
    her to the ground. Aragon saw “punches being thrown.” Aragon saw appellant’s brother Jason
    hit Shorkey on the face and neck, and saw “kicks to the stomach.”
    Aragon ran up the stairs and told appellant and Jason to stop. Hinton also ran up the
    stairs and tried to get Jason away from Shorkey. Dudek called the police on her cell phone.
    Shorkey eventually was able to get up and move down the stairs, but “appellant, Hira, Jason, and
    Rashad” followed and blocked them from going back to the apartment.
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    Shorkey
    Susan Shorkey testified that when she, Dudek and Hinton went to help Aragon move out
    of the apartment, Shorkey put her “things” in Aragon’s bedroom closet, then began moving
    Aragon’s belongings to a rental truck. Appellant and three people were sitting on the living
    room couch watching television when Aragon used her key to open the front door.
    After moving things out for about ninety minutes, Shorkey heard the apartment door shut
    behind her. She knocked on the door and said she needed to get her “stuff” from the bedroom.
    When no one opened the door, Shorkey began banging on it. Appellant then yelled for her to get
    off her property. Shorkey yelled back that they had already been in and out and “why is she
    starting drama now.” Shorkey and appellant yelled and cursed at each other through the closed
    door. After a short time, appellant opened the door.
    Shorkey stepped through the doorway, intending to go to Aragon’s bedroom. Appellant
    pushed Shorkey, and Shorkey pushed appellant. Appellant grabbed Shorkey’s hair, hit her on
    the face and neck, and pulled Shorkey to the ground. Appellant continued hitting Shorkey on the
    face, head, and neck.
    Shorkey crawled outside the apartment; appellant followed her and continued the assault.
    Appellant kicked Shorkey on her left side and on the back of Shorkey’s head. Shorkey tried to
    fight back. She heard Aragon telling appellant to stop. The fight lasted about ten minutes.
    When the kicking stopped, Shorkey sat on the stairs to catch her breath. Appellant “threw one
    last punch,” hitting Shorkey in the face. After that, Shorkey went down the stairs and waited for
    the police. Shorkey testified she felt pain on her head, neck, and the left side of her stomach.
    Photographs taken by the police at the scene were admitted without objection and show
    scratches on Shorkey’s neck and behind her ear, torn clothing, and a clump of hair pulled from
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    Shorkey’s head. Medical records of Shorkey’s emergency room treatment on November 28,
    2012 were admitted without objection.
    Puckett
    Plano police officer Jeremy Puckett testified that he answered a disturbance call at
    appellant’s apartment around 11:15 a.m. on November 28, 2012. He first interviewed four
    people who were sitting on the back end of a rental truck, including Susan Shorkey, Autumn
    Aragon, Lauren Dudek, and Mitchell Hinton. Shorkey had visible marks on her neck, her hair
    was coming out, and her pants were torn. When a second officer arrived at the scene, Puckett
    went to appellant’s apartment and questioned four individuals, including appellant, appellant’s
    brother Jason, Hira, and Rashad. The two groups of people told the same story as to why the
    group at the rental truck were at the apartment. The differences in their stories regarded entry
    into the apartment. The group at the truck said they had been in and out moving items, and at
    some point they were locked out. When appellant finally opened the door, she and “her people”
    came out of the apartment toward Shorkey. Appellant told the officer she had been sleeping and
    awoke when she heard unfamiliar voices. Appellant locked the door. When she opened the door
    a short time later, the others “kind of barged their way in.” Puckett testified he saw a cut on
    appellant’s hand.
    Espinoza
    Jason Espinoza, appellant’s brother, testified that he watched Aragon and her friends
    move items out of the apartment. At some point, appellant locked the front door. Shorkey
    banged on the door and when appellant “peeked out,” Shorkey and two others rushed in. Aragon
    was not there. Shorkey made the first contact with appellant. When Shorkey and appellant
    began fighting, Espinoza stepped in to “keep the other male from choking my sister.” “The
    ‐4‐
    skinny girl was pulling hair too,” as were both Shorkey and appellant. The three people who
    were helping Aragon move out were the aggressors.
    Appellant
    Appellant testified she was asleep in her room when she was awakened by voices she did
    not recognize. When appellant got up and looked into the living room, she saw Shorkey walking
    out of the apartment. Appellant testified Shorkey made a derogatory remark so she locked the
    door after her. When Shorkey returned and started banging on the door, appellant opened it
    because the banging was “shaking the walls and [she] didn’t want the cops to be called.” When
    she opened the door, Shorkey “flew in on me.” Shorkey was the aggressor, came into the
    apartment first, and was followed in by another woman and a man. All three pushed and hit
    appellant, pulled her hair, and the man choked her. Appellant hit them back only because she
    was defending herself. Appellant denied hitting Shorkey again outside on the steps.
    ANALYSIS
    Appellant argues that the evidence is legally insufficient because the trial judge erred in
    rejecting her self-defense claim. Appellant asserts that she was justified in using self-defense
    because she was protecting herself in her own residence. The State responds that the evidence is
    legally sufficient to support the conviction.
    In reviewing a challenge to the sufficiency of the evidence, we examine all the evidence
    in the light most favorable to the fact finding and determine whether a rational trier of fact could
    have found the essential elements of the offense beyond a reasonable doubt. See Jackson v.
    Virginia, 
    443 U.S. 307
    , 319 (1979); Wise v. State, 
    364 S.W.3d 900
    , 903 (Tex. Crim. App. 2012).
    We are required to defer to the fact finder’s credibility and weight determinations because the
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    fact finder is the sole judge of the witnesses’ credibility and the weight to be given their
    testimony. See 
    Jackson, 443 U.S. at 326
    .
    A defendant has the burden of producing some evidence to support a claim of self-
    defense. Zuliani v. State, 
    97 S.W.3d 589
    , 594 (Tex. Crim. App. 2003). Once the defendant does
    so, the State then bears the burden of persuasion to disprove the raised defense. 
    Id. The burden
    of persuasion does not require the State to produce evidence; it requires only that the State prove
    its case beyond a reasonable doubt. 
    Id. A determination
    of guilt by the fact finder implies a
    finding against the defensive theory. 
    Id. The issue
    of self-defense is a fact issue to be determined by the fact finder, who is free to
    accept or reject the defensive issue. See Saxton v. State, 
    804 S.W.2d 910
    , 913–14 (Tex. Crim.
    App. 1991). As the sole judge of the weight and credibility accorded any witness’s testimony,
    the fact finder is free to believe or disbelieve the testimony of all witnesses, and to accept or
    reject any or all of the evidence produced by the respective parties. See Cleveland v. State, 
    177 S.W.3d 374
    , 380(Tex. Crim. App. 2005).
    To obtain a conviction for assault, the State had to prove beyond a reasonable doubt that
    appellant intentionally, knowingly, or recklessly caused bodily injury to Susan Shorkey by
    striking Shorkey’s head, face, or body or by pulling Shorkey’s hair with defendant’s hand. See
    TEX. PENAL CODE ANN. § 22.01(a)(1) (West Supp. 2014). “Bodily injury” means physical pain,
    illness, or any impairment of physical condition. 
    Id. Appellant does
    not challenge the fact that Shorkey sustained bodily injuries due to an
    assault. Rather, she claims the evidence shows that she was justified in using force—hitting
    Shorkey—to prevent Shorkey from using force against her while she was in her residence. But
    there was conflicting evidence as to who was the aggressor. Aragon and Shorkey testified that
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    appellant was the aggressor. Appellant and Espinoza testified that Shorkey was the aggressor,
    and that appellant only acted in self-defense.
    It was the role of the trial court, as fact-finder, to resolve the conflicts in the evidence.
    See 
    Saxton, 804 S.W.2d at 913
    –14.          The trial court could have reasonably concluded the
    evidence did not support appellant’s self-defense claim. See 
    Cleveland, 177 S.W.3d at 380
    .
    Viewing the evidence under the proper standard, we conclude a rational trier of fact could reject
    appellant’s claim of self-defense and find beyond a reasonable doubt that appellant assaulted
    Shorkey. Thus, the evidence is sufficient to sustain the conviction. We overrule appellant’s sole
    issue.
    We affirm the trial court’s judgment.
    Do Not Publish
    TEX. R. APP. P. 47
    141213F.U05
    /Bill Whitehill/
    BILL WHITEHILL
    JUSTICE
    ‐7‐
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    JESSICA RUIZ ESPINOZA, Appellant                   Appeal from the County Court at Law No.
    5 of Collin County, Texas (Tr.Ct.No. 005-
    No. 05-14-01213-CR       V.                        83192-2013).
    Opinion delivered by Justice Whitehill,
    THE STATE OF TEXAS, Appellee                       Justices Francis and Lang-Miers
    participating.
    Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
    Judgment entered May 7, 2015.
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