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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 was convicted of robbery and sentenced to ten years in prison after pleading true to an enhancement paragraph. Zubia appealed, claiming the evidence was insufficient to support his conviction. The Eleventh Court of Appeals reviewed the case using the Jackson v. Virginia standard, which assesses whether, viewing the evidence in the light most favorable to the verdict, 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 person who threatened him with a statement about a nine-millimeter gun. Morales described feeling scared and shaky while he opened the register, ultimately handing over cash to Zubia, who then fled. Officer Jesus Robledo corroborated Morales's terrified state and reported that Morales recounted Zubia's threat and a possible gun. Zubia testified that he took cash from the counter while using the restroom and denied threatening Morales. However, the court found that Zubia's actions and words could reasonably have been perceived as a threat, justifying the jury's conclusion that Morales was placed in fear of imminent bodily injury or death. The court affirmed the conviction, overruling Zubia's argument regarding the sufficiency of the evidence. The opinion was filed on November 1, 2012, and was not published.