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Isidro Zubia v. State of Texas
Citation: Not availableDocket: 11-10-00359-CR
Court: Court of Appeals of Texas; November 1, 2012; Texas; State Appellate Court
Original Court Document: View Document
Isidro Zubia appeals his jury conviction for robbery, contesting the sufficiency of evidence supporting the conviction. The trial court sentenced him to ten years in the Texas Department of Criminal Justice after he pleaded true to an enhancement paragraph. The appellate court employs the standard from Jackson v. Virginia, assessing all evidence in a light favorable to the verdict to determine if a rational jury could find the essential elements of the offense beyond a reasonable doubt. Key testimony came from Jose Armando Morales, a manager in training at a Hollywood Video store, who identified Zubia as the individual who threatened him by saying, “How would you like a nine millimeter in your face?” Morales described his fear and difficulty in opening the cash register, after which he handed Zubia the money, and Zubia fled the scene. Officer Jesus Robledo corroborated Morales’s account, noting the clerk's nervous state and his description of Zubia’s actions. Zubia testified that he took cash from the counter while in the restroom, but the court found the jury could reasonably interpret his statement and actions as threatening, placing Morales in fear of imminent bodily injury or death. Consequently, the appellate court concluded that the evidence was adequate to support the conviction and affirmed the trial court's judgment. The opinion was filed on November 1, 2012, and the panel included Chief Justice Wright, Justice McCall, and Judge Hill sitting by assignment.