Muhammad Faizan Ansari v. the State of Texas ( 2023 )


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  •                         In the
    Court of Appeals
    Second Appellate District of Texas
    at Fort Worth
    ___________________________
    No. 02-22-00170-CR
    ___________________________
    MUHAMMAD FAIZAN ANSARI, Appellant
    V.
    THE STATE OF TEXAS
    On Appeal from the 372nd District Court
    Tarrant County, Texas
    Trial Court No. 1629392R
    Before Birdwell and Bassel, JJ.; and Lee Gabriel (Senior Justice, Retired,
    Sitting by Assignment)
    Memorandum Opinion by Justice Gabriel
    MEMORANDUM OPINION
    A jury convicted Muhammad Faizan Ansari of two counts of online solicitation
    of a minor. See 
    Tex. Penal Code Ann. § 33.021
    (f). The trial court assessed his
    punishment at ten years’ confinement on each count, suspended the sentences, and
    placed him on community supervision for ten years. See 
    id.
     § 12.33. The trial court
    also assessed a fine of $2,000 on count one. Payment of the fine was not suspended.
    In his first point, Ansari contends that the electronic messages allegedly sent between
    him and the fictitious child victim were not properly authenticated and were thus
    improperly admitted. In his second point, Ansari seems to argue that if the messages
    had not been admitted, the evidence would have been insufficient to support his
    conviction. We affirm.
    I. BACKGROUND
    In 2018, Detective William Maddox worked in the internet crimes unit of the
    Fort Worth Police Department. He exclusively investigated crimes involving child
    victims by focusing on offenses that had an internet or technological component to
    them. He described his specialized training for the job:
    I have training on . . . understanding how the internet works, what an IP
    address is, the different platforms that are used for online
    communication[,] and how they relate to crimes against children; training
    on engaging in undercover chat operations where we will pose as
    somebody else online and look for offenders online; training in peer-to-
    peer file-sharing networks where users are sending files to each other via
    the internet; and other training related to how technology is used to
    engage in crimes against children.
    2
    He furthered explained that an IP address means an Internet Protocol, which
    he analogized to the physical address of a house. “[T]o engage in communication
    online, you have to report what your address is to whatever the source online is that
    you’re looking at so that they know who you are, where you are[,] and how to send
    information back to you.”
    Maddox explained that he also received specialized training in undercover
    investigations that would target online-solicitation-of-a-minor and child-pornography
    cases. He detailed how he developed a persona where he posed as a thirteen-year-old
    girl. He also explained how his unit had a limited amount of photographs of real
    children that were donated for use in these types of investigations.           These
    photographs were not sexual in any way.        Maddox testified that he conducted
    operations targeting online solicitors by posting an ad on a platform that children
    commonly use, which then remained idle until somebody responded.
    Maddox testified that on March 13, 2018, he posted an ad on Craigslist, a
    classified-ads website, using the name “Emily”—the thirteen-year-old-girl persona
    Maddox used—that stated, “Contact information: Young and needing something to
    do, W4M.[1] Mom is out of town and friends went on trips for spring break. I’m
    boooooooored.” The first response to the ad came in within twenty minutes from a
    Craigslist anonymized email address with a username of “Faizan.” The response
    1
    He explained that “W4M” means “Woman for Man.”
    3
    arrived in the inbox of an email account that Maddox created and linked to the ad.
    “Faizan” and “Emily” then communicated by emails that only they could see.
    In the very first email “Faizan” sent to “Emily,” he asked if she was alone and
    offered to come and “give [her] company.” In her very first reply, “Emily” asked
    “Faizan” if it was okay that she was only thirteen years old. “Faizan” responded,
    “Yeah. . . . I was looking for someone like you.” “Faizan” sent “Emily” a picture of
    himself. He described himself as twenty-five, 5′8″, and athletic. He asked “Emily” to
    send him multiple pictures of her, and Maddox sent the pictures. In the exchange,
    “Emily” asked “Faizan” what he wanted to do. “Faizan” responded, “Well, [w]e can
    make out and [c]uddle and see where it goes.” “Emily” followed up by asking him
    where he thought it would go. “Faizan” replied,
    It will definately [sic] go far lol. . . . I’ll have [y]ou sit on my lap. We can
    start with a long kiss [a]nd making out while feeling each other[’s]
    bodies. I’ll start going down on you kissing all over then might lick it if
    you like . . . and then . . [.] a lot more.
    “Emily” then told “Faizan” that she had never done the acts he was describing
    before, and he responded that he would show her when they met. He said he was
    available to meet her that day.
    Maddox testified that “Emily” and “Faizan” exchanged approximately twenty
    emails before they decided it would be faster to switch to a different platform to
    4
    communicate. After exchanging usernames for Kik2—the platform that they chose—
    they continued to exchange messages and pictures for “most of an afternoon and
    evening.”    Maddox testified that he was the author of all of “Emily’s”
    communications. He described that during the communications, “Faizan” solicited
    thirteen-year-old “Emily” to engage in sexual contact and sexual intercourse.
    “Faizan” also communicated in a sexually explicit manner.
    In his last email sent through Craigslist, “Faizan” told “Emily” that his Kik
    username was “faiz1208.” “[F]aiz1208” then contacted “Emily” on the Kik username
    she provided to him. The message received by “Emily” showed a username of
    “faiz1208” and a name of “M Faizan.”         After switching to the Kik platform,
    “faiz1208’s” profile picture was the same picture he had previously sent by email to
    “Emily.” In the Kik messages, “Emily” told “faiz1208” that she was in 7th grade.
    She explained that she was nervous about what they were going to do and needed to
    know what to expect. “[F]aiz1208” explained in more detail what he would do and
    then asked, “Do you want intercourse?” When “Emily” expressed concern about
    getting pregnant, “faiz1208” explained that he would use a condom and exactly how
    condoms work. He concluded that discussion by stating, “You will be safe.”
    After the two had discussed the progression of sexual acts they could engage in
    when they met, they discussed where to meet. After “faiz1208” told “Emily” that he
    According to Maddox, “Kik is a mobile app that is used for texting
    2
    communication, . . . and it also has capabilities for phone and video calls.”
    5
    lived in Dallas, they decided to meet at a park in Hurst. But immediately after
    discussing the meeting location and where they could go from there, “faiz1208”
    asked, “One last thing. Just to make sure you’re real. Can we video chat[?] Or just
    send me video [of] you saying hello.” Maddox could not send a video and tried to
    make excuses for not being able to do so. When “Emily” could not provide what he
    requested, “faiz1208” responded, “I can’t trust you then. It’s important.” When
    “Emily” stated that she felt like she could trust him, he replied, “But I’m the one who
    will be in trouble lol.” When a video could not be provided, “faiz1208” asked if
    “Emily” had a Facebook account and for her name on Facebook. She provided him
    with a name for Facebook. He told her that his name on Facebook was “Faizan
    Ansari” and that his Facebook account had the same picture as his Kik account. He
    sent her a link and told her to click on the link to his account, which was
    “https://www.facebook.com/muhammadfaizan.ansari.”           “Emily” did not send a
    request on Facebook. Communication slowed and then stopped after “Emily” did
    not follow “faiz1208’s” directions.
    After the communications ceased, Maddox continued his investigation using
    the information he had gathered from the emails on Craigslist and the text messages
    on Kik. He issued administrative subpoenas to the companies he knew Ansari used in
    online activities, including Kik and Craigslist. Maddox explained that when he sent
    the subpoena to Kik, he asked “for basic subscriber information, any profile picture,
    device information, account creation date, and Kik[-]version birth date, user[-]location
    6
    information including IP addresses, most recent IP addresses, and a historical log of
    IP addresses.” Maddox testified that he received basic subscriber information from
    Kik that showed an email address of heart.hacker.forever@gmail.com for the person
    with the username “faiz1208.” Kik also provided an IP address log that showed that
    “faiz1208” was utilizing a specific IP address during the time of the communications
    between “faiz1208” and “Emily.” Maddox explained that the same IP address was
    used when he was communicating as “Emily” with “faiz1208.”
    After receiving that IP address from Kik, Maddox used a publicly available IP
    lookup service and determined that the IP address was issued by Charter
    Communications. To follow up, he sent a subpoena to Charter for information on
    the IP address as of March 14, 2018, at 22:24:41 UTC. The subscriber information
    Charter provided for that date and time was Muhammad Faizan Ansari at an
    apartment in Dallas, Texas. Charter further supplied Maddox with the phone number
    associated with the account.
    Maddox also subpoenaed information from Craigslist related to records for
    heart.hacker.forever@gmail.com. The information from Craigslist indicated that the
    relevant email address was used both to post ads and respond to ads. One particular
    post made from heart.hacker.forever@gmail.com listed a washer and dryer for sale.
    That post stated that anyone interested in purchasing the items could call or text
    “Faizan,” who lived in Dallas, at the same phone number supplied by Charter.
    Maddox considered the phone number to be important to his investigation because
    7
    “[i]t indicates that the same contact information is provided for the Craigslist account
    that was used to respond to [his] original ad [and is] the phone number that appears
    on the records of the internet subscriber where the IP address originate[d].”
    Maddox further investigated the person he had been communicating with by
    obtaining the driver’s license photo and information for Ansari, who lived at the
    address provided by Charter.      The driver’s license photo was admitted without
    objection. Maddox identified the person in the photo as the same person depicted in
    the photo emailed by “Faizan” in response to the Craigslist ad as well as the profile
    photo of the Kik account that Maddox communicated with. Maddox also testified
    that the address on the driver’s license was the same address provided by Charter and
    that the birthday showed that he would have been twenty-five years old when the
    communications were taking place.
    Maddox then prepared an arrest warrant for Ansari for the offense of online
    solicitation of a minor and presented it to a judge. The judge found there was
    probable cause to issue the warrant and signed it on May 3, 2018. The warrant was
    sent to the fugitive unit of the Fort Worth Police Department.
    Officer Martin King testified that on May 21, 2018, he was assigned to the
    fugitive unit of the Fort Worth Police Department. He explained that on that date, he
    and his team were looking for Ansari because they had a warrant for his arrest on the
    charge of soliciting a minor. He described how he first searched databases to confirm
    the address for Ansari in Dallas. Once confirmed, he went to that location and “set
    8
    up on the apartment.” He had Dallas police presence staged nearby in case the
    fugitive “got mobile and left,” and then he waited for his team to arrive. Once that
    happened, King and his team went to the apartment, knocked on the door, and
    identified themselves as law enforcement. He stated that they did that “as loud as
    [they could]” and that they announced themselves in that manner for their safety, the
    target’s safety, and the safety of everyone on the property. He explained that there
    was no answer when they knocked on the apartment door and that they just waited
    for a period of time.    When no one answered, they used a key obtained from
    management of the complex to unlock the door and enter the apartment. While the
    team was clearing the apartment, the suspect finally responded to them, and they
    determined he was locked in a bathroom. Ansari refused to unlock the door, and
    King described how he used force to “pop the door.” Ansari was then taken into
    custody. King identified Ansari in open court as the man arrested that day. King
    testified that while he was still at the apartment, he spoke to Maddox by phone. After
    that conversation, King seized a laptop and a cell phone found in the apartment and
    took those devices to Maddox personally.
    Maddox asked James Willingham, a civilian employee with the Fort Worth
    Police Department who worked in the digital forensics lab, to analyze the devices that
    were seized. The items were delivered to the lab.3 Willingham was accepted without
    3
    Willingham also referred to a search warrant that he received and used to
    guide his retrieval of relevant information.
    9
    objection as an expert in his field of digital evidence. His explanation concerning IP
    addresses was very similar to Maddox’s. However, Willingham analogized them to
    phone numbers:
    [I]t’s essentially, an easy way to think of it is, a phone number for every
    device on the internet.
    When you have a particular device and you’re talking to the
    internet, the internet needs to know who you are . . . . The bottom line
    is . . . you have a number that is unique on the internet. That’s how it
    knows where to send the data. So essentially, it’s the phone number to
    your device . . . .
    Willingham testified that he found “a lot of data on the computer” taken from
    Ansari’s home, including internet histories and a variety of user files.       He then
    described his process of creating a spreadsheet detailing the data he found on the
    laptop. In this instance, that included the internet history from the computer. When
    asked if there was a listed username on the computer he examined, he replied that
    “the name Ansari was in numerous places on the computer.” Summing up his role,
    Willingham stated, “[M]y job is to do the technical recovery . . . and leave the evidence
    for the detective to evaluate.” Maddox then reviewed the data retrieved and found
    that the internet history showed that the computer seized from Ansari’s apartment
    had been used to access the Craigslist ad that Maddox created on the date the
    communications were occurring.
    The trial court heard testimony outside the presence of the jury concerning the
    thirty emails exchanged in response to the Craigslist ad and the nineteen text messages
    10
    on Kik. Ansari argued outside the presence of the jury that the emails were not
    relevant and that the State had failed to prove the authenticity of the communications.
    The trial court “conditionally” overruled the objections to the communications and
    specified that they were not yet admitted for all purposes, thereby allowing the State
    to produce evidence before the jury that met the threshold level of proof for
    authenticity.
    During Maddox’s testimony before the jury concerning the evidence tying the
    communications to Ansari, the State again offered for all purposes the thirty emails
    exchanged in response to the Craigslist ad. Ansari made no additional objections but
    reasserted his objections made outside the presence of the jury. The trial court
    overruled those objections and admitted the thirty emails for all purposes. After
    additional questioning of Maddox, the State also offered the nineteen text messages
    from Kik into evidence. Ansari urged the same objections he made to the emails, and
    the trial court overruled those objections and admitted the nineteen Kik messages for
    all purposes.
    Ansari’s father testified during the defense portion of the guilt-or-innocence
    phase of the trial. He told the jury that he was living with his son at the apartment in
    Dallas in February of 2018 when the apartment was burglarized. He testified that his
    son’s silver Apple laptop was stolen. He said the burglary was reported to the police.
    He described how a woman he knew, named Marina, came into the convenience store
    he worked in months later and tried to sell him the stolen laptop for $50. He testified
    11
    he told her that he recognized the laptop and that if she did not give it to him, he
    would call the police. He said her response was to run away and leave the computer.
    Ansari’s father testified that the computer was returned to his son on the same day
    they “were raided by the police.” He later acknowledged that was the same day his
    son was arrested.    Ansari also testified that his apartment was burglarized on
    February 12, 2018, and his laptop stolen. He testified that the laptop was returned to
    him in early May and that his father was “mistaken” when he testified that it was
    returned on May 21, 2018, when he was arrested.
    The jury found Ansari guilty of two counts of online solicitation of a minor
    under fourteen years old. Ansari elected to go to the trial court for punishment. The
    trial court assessed his punishment for each count at ten years’ confinement in the
    Institutional Division of the Texas Department of Criminal Justice and ordered that
    the sentences be suspended and Ansari placed on community supervision for ten
    years on each count. The trial court also ordered a $2,000 fine on count one that was
    not suspended. Ansari appealed.
    II. ADMISSION OF ELECTRONIC COMMUNICATIONS
    To properly authenticate a piece of evidence, “the proponent must produce
    evidence sufficient to support a finding that the item is what the proponent claims it
    is.” Tex. R. Evid. 901(a); Tienda v. State, 
    358 S.W.3d 633
    , 638 (Tex. Crim. App. 2012).
    “Whether the proponent has crossed this threshold as required by Rule 901 is one of
    the preliminary questions of admissibility contemplated by Rule [of Evidence] 104(a).”
    12
    Tienda, 
    358 S.W.3d at
    637–38. The trial court’s responsibility is to make a threshold
    determination that the proponent of the evidence has supplied facts sufficient to
    support a reasonable jury determination that the proffered evidence is authentic. 
    Id. at 638
    ; see Butler v. State, 
    459 S.W.3d 595
    , 600 (Tex. Crim. App. 2015). We review a
    trial court’s threshold determination of authenticity under an abuse-of-discretion
    standard. Butler, 
    459 S.W.3d at 600
    ; see De La Paz v. State, 
    279 S.W.3d 336
    , 343–44
    (Tex. Crim. App. 2009) (stating that appellate courts review trial court’s evidentiary
    rulings for abuse of discretion). Ultimately, the jury must decide whether an item is
    what the proponent claims it is. Butler, 
    459 S.W.3d at 600
    .
    The exhibits in issue in this case are all electronic communications—emails and
    social-media posts. In the context of these types of communications, the
    authentication issue that generally arises is whether the evidence is sufficiently linked
    to the purported author. “[A]s with the authentication of any kind of proffered
    evidence, the best or most appropriate method for authenticating electronic evidence
    will often depend upon the nature of the evidence and the circumstances of the
    particular case.” Tienda, 
    358 S.W.3d at 639
    .
    Ansari argues on appeal that the State did not produce sufficient evidence to
    prove that the emails and the Kik messages were sent by him. In doing so, he relies
    exclusively on Butler to support his position that the exhibits were improperly
    admitted. 
    459 S.W.3d at 595
    . Specifically, Ansari suggests that because no one saw
    him send the messages and there was no witness to associate his cell phone number to
    13
    the messages, the evidence was insufficient to authenticate the emails or the Kik
    messages. But Butler recognizes that authentication “can be accomplished in myriad
    ways, depending upon the unique facts and circumstances of each case.” 
    Id. at 601
    .
    Evidence can be authenticated through the testimony of a witness with knowledge,
    evidence of distinctive characteristics, or by circumstantial evidence.       Tex. R.
    Evid. 901(b)(1) (testimony of a witness with knowledge), (b)(4) (distinctive
    characteristic and the like); Butler, 
    459 S.W.3d at 602
     (“[A]uthenticating evidence may
    be direct or circumstantial.”). Yet, Ansari argues there was “no evidence establishing
    that [he] was the person engaging in a conversation with Detective Maddox.”
    Ansari’s argument is simply incorrect. Maddox painstakingly traced identifying
    information tying Ansari to the emails and text messages in question through
    administrative subpoenas, internet searches, and other investigative methods yielding
    Ansari’s physical address, IP address, email address, Kik username, phone number,
    date of birth, and driver’s license photo. Each of these items individually and as a
    whole traced back to Ansari. Ansari’s username on Craigslist was “Faizan.” The IP
    address provided by Kik was the same IP address used by “faiz1208” and was used to
    communicate with Maddox on Kik. The Kik username also contained 1208, which
    Maddox explained had personal significance to Ansari. The email address obtained
    from Kik matched the email address used to post and respond on Craigslist and
    connected the phone number provided by Charter to the phone number used in a
    post on the Craigslist account. In his last Kik message to “Emily,” “faiz1208” sent a
    14
    link   to   his   Facebook      account    that    contained      his   full   name   of
    “muhammadfaizan.ansari.” The photo of the responder to Maddox’s ad on Craigslist
    matched both the photo on Kik and Ansari’s driver’s license photo.              “Faizan”
    described himself to “Emily” as twenty-five years of age and living in Dallas. His
    driver’s license also confirmed this information to be correct.
    Ansari was arrested at the physical address that was listed in the subscriber
    information provided by Charter. Ansari did not answer the door when the police
    announced their presence at that address and was found by the officers locked in a
    bathroom. An officer had to use force to open that door. Ansari’s laptop computer
    was seized and later searched pursuant to a warrant. The internet history showed that
    the computer seized from Ansari’s apartment was used to access the Craigslist ad
    created by Maddox on the date the communications were taking place between the
    responder to the ad and “Emily.”
    This is ample direct and circumstantial evidence—with all of the individual,
    particular details considered in combination—to support a prima facie case that would
    justify admitting the emails from Craigslist and the text messages from Kik to allow
    the jury to consider and decide the ultimate question of authenticity. See Tienda,
    
    358 S.W.3d at 647
     (“In performing its Rule 104 gate-keeping function, the trial court
    itself need [only] be persuaded that the . . . evidence has supplied facts that are
    sufficient to support a reasonable jury determination that the evidence . . . is
    15
    authentic.”); Hines v. State, 
    608 S.W.3d 354
    , 367 (Tex. App.—Houston [1st Dist.] 2020,
    no pet.).
    While it is true that Ansari and his father testified that the computer had been
    stolen at a point in time, they disagreed as to when the computer was returned.
    Nevertheless, there was some evidence for the jury to consider suggesting that the
    computer may not have been in Ansari’s possession during the relevant time period.
    “The jury acts as the sole judge of the credibility of the witnesses and may choose to
    believe all, some, or none of the testimony presented.” Garcia v. State, 
    667 S.W.3d 756
    , 762 (Tex. Crim. App. 2023); Barker v. State, No. 02-22-00255-CR, 
    2023 WL 2536762
    , at *1, *5 n.8 (Tex. App.—Fort Worth Mar. 16, 2023, pet. ref’d) (mem. op.,
    not designated for publication).        This alternate scenario suggested by Ansari’s
    evidence was one for the jury to assess in its ultimate determination of whether the
    electronic communications were authored by him. See Tienda, 
    358 S.W.3d at 646
    . The
    jury’s verdict reflects that it rejected the proffered defense.
    “The trial court’s determination of whether the proponent has met [the]
    threshold requirement is subject to appellate review for an abuse of discretion and
    should not be countermanded so long as it is within the zone of reasonable
    disagreement.” Butler, 
    459 S.W.3d at 600
    . The trial court’s decision to admit the
    emails and Kik messages and leave the ultimate question of authenticity to the jury
    was well within the zone of reasonable disagreement. Therefore, the trial court did
    not err in admitting the electronic evidence. We overrule Ansari’s first point.
    16
    III. SUFFICIENCY OF THE EVIDENCE
    Ansari summarizes his second point as follows:
    If [a]ppellant’s objections had been sustained by the trial court in
    [a]ppellant’s [f]irst [p]oint of [e]rror, then the evidence would be legally
    insufficient to support [a]ppellant’s conviction for online solicitation of a
    minor.
    He goes on to argue that if the electronic evidence had been properly excluded, a
    rational jury would not have had sufficient evidence to convict him.
    Federal due process requires that the State prove beyond a reasonable doubt
    every element of the crime charged. Jackson v. Virginia, 
    443 U.S. 307
    , 316, 
    99 S. Ct. 2781
    , 2787 (1979); see U.S. Const. amend. XIV. In our evidentiary-sufficiency review,
    we view all the evidence in the light most favorable to the verdict to determine
    whether any rational factfinder could have found the crime’s essential elements
    beyond a reasonable doubt. Jackson, 
    443 U.S. at 316
    , 
    99 S. Ct. at 2787
    ; Queeman v.
    State, 
    520 S.W.3d 616
    , 622 (Tex. Crim. App. 2017). This standard gives full play to the
    factfinder’s responsibility to resolve conflicts in the testimony, to weigh the evidence,
    and to draw reasonable inferences from basic facts to ultimate facts. See Jackson,
    
    443 U.S. at 319
    , 
    99 S. Ct. at 2789
    ; Queeman, 
    520 S.W.3d at 622
    .
    The factfinder alone judges the evidence’s weight and credibility. See Tex. Code
    Crim. Proc. Ann. art. 38.04; Queeman, 
    520 S.W.3d at 622
    . We may not reevaluate the
    evidence’s weight and credibility and substitute our judgment for the factfinder’s.
    Queeman, 
    520 S.W.3d at 622
    . Instead, we determine whether the necessary inferences
    17
    are reasonable based on the evidence’s cumulative force when viewed in the light
    most favorable to the verdict. Murray v. State, 
    457 S.W.3d 446
    , 448 (Tex. Crim.
    App. 2015). We must presume that the factfinder resolved any conflicting inferences
    in favor of the verdict, and we must defer to that resolution. 
    Id.
     at 448–49. The
    standard of review is the same for direct- and circumstantial-evidence cases;
    circumstantial evidence is as probative as direct evidence in establishing guilt. Jenkins
    v. State, 
    493 S.W.3d 583
    , 599 (Tex. Crim. App. 2016).
    “Contrary to the methodology suggested by appellant, when conducting a
    []sufficiency review, this [c]ourt considers all evidence in the record of the trial,
    whether it was admissible or inadmissible.” Dewberry v. State, 
    4 S.W.3d 735
    , 740 (Tex.
    Crim. App. 1999); see Winfrey v. State, 
    393 S.W.3d 763
    , 767 (Tex. Crim. App. 2013).
    While Ansari does not seem to argue that his sufficiency-of-the-evidence argument
    applies if the electronic evidence was properly admitted, in an abundance of caution,
    we will still address the issue. We are bound to consider all of the evidence submitted,
    including the electronic evidence, and having done so, we hold that Ansari’s argument
    fails.
    In the first count of the indictment, Ansari was charged with online solicitation
    of a minor as follows:
    That Muhammad Faizan Ansari, hereinafter called defendant, on or
    about the 14th day of March 2018, in the County of Tarrant, State of
    Texas, did then and there over the internet, by electronic mail or text
    message or other electronic message service or system, or through a
    commercial online service, knowingly solicit a minor, W. Maddox, to
    18
    meet another person, including the defendant, with the intent that W.
    Maddox will engage in sexual contact, sexual intercourse, or deviate
    sexual intercourse with the defendant.
    In the second count of the indictment, Ansari was again charged with online
    solicitation of a minor:
    that the defendant in the County of Tarrant and State aforesaid on or
    about the 14th day of March, 2018, did with intent to commit indecency
    with a child and/or aggravated sexual assault over the internet, by
    electronic mail or text message or other electronic message service or
    system, or through a commercial online service, intentionally
    communicate in a sexually explicit manner with a minor, W. Maddox, an
    individual whom the defendant believed to be younger than 14 years of
    age, and the defendant was 17 years of age or older at the time of the
    offense.
    See 
    Tex. Penal Code Ann. § 33.021
    (b), (c). A “minor” is someone younger than
    seventeen years of age or someone whom the defendant believes is younger than
    seventeen years of age. 
    Id.
     § 33.021(a)(1). It is not a defense that the meeting did not
    occur. Id. § 33.021(d).
    In his second point, Ansari again argues that “[t]he lone issue contested at trial
    was identity.” Based on the same evidence and testimony produced by the State that
    satisfied the State’s burden to authenticate the electronic communications and from
    which the jury decided that the emails and text messages came from Ansari, we
    determine that a rational factfinder could have found the essential elements of the
    offense as alleged in both counts one and two beyond a reasonable doubt. Jackson,
    
    443 U.S. at 316
    , 
    99 S. Ct. at 2787
    ; Queeman, 
    520 S.W.3d at 622
    .
    19
    Based on the combined and cumulative force of all the above-described
    evidence and any reasonable inferences therefrom, we hold that the jury was rationally
    justified in finding Ansari guilty beyond a reasonable doubt of both counts of online
    solicitation of a minor. We overrule Ansari’s second point.
    IV. CONCLUSION
    Having overruled both of Ansari’s points on appeal, we affirm the trial court’s
    judgment.
    /s/ Lee Gabriel
    Lee Gabriel
    Justice
    Do Not Publish
    Tex. R. App. P. 47.2(b)
    Delivered: August 31, 2023
    20
    

Document Info

Docket Number: 02-22-00170-CR

Filed Date: 8/31/2023

Precedential Status: Precedential

Modified Date: 9/4/2023