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Ronald Grey v. State

Citation: Not availableDocket: 03-08-00355-CR

Court: Court of Appeals of Texas; November 3, 2009; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves an appellant convicted of aggravated assault with a deadly weapon, following a prior felony conviction, and sentenced to twenty years imprisonment. The appellant appealed on four grounds, notably challenging the sufficiency of evidence, a violation of the Sixth Amendment right to confrontation, and ineffective assistance of counsel. The court upheld the conviction, finding sufficient evidence supported by the appellant's threatening behavior and possession of a deadly weapon, a rock, which was confirmed by witness testimony and patrol car video footage. The court also addressed the appellant's confrontation rights, ruling that the criminal history summary was non-testimonial and admissible, as it was prepared for internal use and not intended for prosecutorial purposes. Regarding the ineffective assistance claim, the court determined that the counsel's performance did not prejudice the appellant since the jury did not rely on the challenged prior conviction for enhancement. Thus, the appellant's conviction was affirmed, with the court finding no reversible errors in the trial proceedings.

Legal Issues Addressed

Confrontation Clause under the Sixth Amendment

Application: The court ruled that the summary of the appellant's criminal history was non-testimonial and thus did not violate the Confrontation Clause, as it was prepared for internal use and not for prosecution.

Reasoning: In this case, a summary of the appellant's criminal history, prepared for internal use by the corrections department and not for prosecution, was deemed non-testimonial.

Ineffective Assistance of Counsel

Application: The court found no ineffective assistance of counsel as the jury did not find the Dallas County conviction true, rendering any failure to object to its finality moot.

Reasoning: The jury's rejection of the Dallas County conviction made the issue of its finality moot.

Sufficiency of Evidence for Aggravated Assault with a Deadly Weapon

Application: The court upheld the conviction by determining that the evidence presented, including the appellant's previous threats and actions towards the victim, sufficiently supported the jury's findings of guilt.

Reasoning: The court emphasizes that threats can be communicated through actions as well as words, thus supporting the jury's findings regarding the sufficiency of evidence for both the assault and the use of a deadly weapon.