Johnny Flores v. the State of Texas

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-20-00209-CR
JOHNNY FLORES, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 106th District Court
Lynn County, Texas
Trial Court No. 17,3232, Honorable Carter T. Schildknecht, Presiding
September 22, 2021
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
Johnny Flores appeals his conviction for causing serious bodily injury to an elderly
person, his father. The sole issue before us concerns whether the evidence was legally
sufficient to support the conviction. Flores does not contest that he assaulted his father
and caused him bodily injury. Rather, he argues that the evidence was insufficient to
prove beyond reasonable doubt that his victim suffered serious bodily injury. We affirm.
The opinion in Hammack v. State, 622 S.W.3d 910 (Tex. Crim. App. 2021),
discusses the pertinent standard of review. We apply it here.
Next, one commits the offense in question when he intentionally, knowingly, or recklessly
causes serious bodily injury to an elderly individual by act or omission. TEX. PENAL CODE
ANN. § 22.04(a)(1). Furthermore, “serious bodily injury” means bodily injury creating a
substantial risk of death or that causes death, serious permanent disfigurement, or
protracted loss or impairment of the function of any bodily member or organ. Id.
§ 1.07(a)(46).
Here, the record contains evidence that the beating appellant inflicted upon his
father left the 69-year-old man with bleeding from his mouth, bruising, a hematoma on
the right part of his head, bruising to his right eye and right jaw, bruising under his left
eye, and a brain hemorrhage or bleeding within the brain. When the state’s medical
expert was asked, “by definition, is a bleed inside the brain a serious bodily injury,” the
physician answered, “yes.” That the hemorrhage may be small did not affect the
seriousness the injury posed, as explained by the doctor. They have to be taken seriously
because “you could have a small petechial bleed that becomes devastating that kills
somebody,” according to the medical professional.
The physician’s categorization of a brain hemorrhage as “serious bodily injury,” the
risk of death posed by even a small intercranial bleed, and the other evidence alluded
above comprises some evidence upon which a rational juror could conclude, beyond
reasonable doubt, that appellant caused his father serious bodily injury as a result of
beating him. Accordingly, we overrule appellant’s issue and affirm the judgment of the
trial court.
Per Curiam
Do not publish.
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