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Adam Silva v. State
Citation: Not availableDocket: 07-05-00423-CR
Court: Court of Appeals of Texas; June 29, 2006; Texas; State Appellate Court
Adam Silva was convicted of attempted murder and assault-family violence, with a deadly weapon finding for both offenses. He appealed, arguing that the evidence was insufficient to support his conviction for attempted murder and the deadly weapon finding. The court affirmed the trial court's judgment. The background of the case reveals that on February 13, 2005, Silva, in an intoxicated state, verbally assaulted his wife, Marisa, and threatened her life. He physically attacked her by choking her and punching her multiple times, including hitting her in the jaw and stomach, and further choking her again. The assault ceased when Marisa's cousin arrived, followed shortly by the police. In addressing Silva's appeal, the court noted the legal standards for assessing the sufficiency of evidence, referencing established case law. It clarified that to commit attempted murder, a person must have the specific intent to kill and engage in actions that go beyond mere preparation. The court acknowledged that intent can be inferred from a defendant's words and actions. Silva contended that since there was no use of a deadly weapon, no direct death threat, minimal injuries to Marisa, and he only used one hand to choke her, the evidence was insufficient for a conviction. However, the court maintained the conviction based on the totality of the circumstances. The State is not required to demonstrate that the victim sustained bodily injury to secure a conviction for attempted murder, as established in *Moreno v. State*. In evaluating intent, the court considered several factors: the appellant's threats to kill Marisa's family, the manner in which he choked her (causing pain and red marks), physical assaults that resulted in visible injuries, and Marisa's ongoing medical issues following the incident. Although there was no direct evidence linking the release of Marisa to her cousin's arrival, the jury could infer this connection from the circumstances. The appellant’s denial of threatening Marisa was contradicted by the violent nature of his actions, leading to a rational conclusion of intent to kill. Regarding the classification of the appellant's fists as deadly weapons, the court noted that while fists are not inherently deadly, they can be deemed so based on their use and capacity to cause serious injury. Evidence presented included multiple strikes to Marisa, her inability to breathe, and the severity of her injuries, supported by photographs. Such evidence was sufficient for the jury to conclude that the appellant’s hands were used as deadly weapons. The court affirmed the trial court's judgment, overruling the appellant's claims.