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17 Texas opinions name it 2 courts 1978–2023 4 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ex Parte Byrdgreen2 sentences2008See Ex parte Noyola, 215 S.W.3d 862, 867 (Tex.Crim.App.2007)(“So, the relevant inquiry is whether Noyola was ‘serving a sentence for’ a first- or second-degree-felony offense of aggravated assault under Section 22.02, Penal Code, when his parole was revoked”); Ex parte Byrd, 162 S.W.3d 250 , 253 *343 (Tex.Crim.App.2007)(holding that “at the time of his revocation,” applicant’s prior conviction for aggravated assault on a peace officer was not an offense described by Section 508.149(a)). 2008App. 2007)(“So, the relevant inquiry is whether Noyola was ‘serving a sentence for’ a first- or second-degree-felony offense of aggravated assault under Section 22.02, Penal Code, when his parole was revoked”); Ex parte Byrd , 162 S.W.3d 250, 253 (Tex. Crim. | 2 | 3 |
Gonzales v. Stategreen2 sentences2008See Vick v. State, 991 S.W.2d 830, 833 (Tex.Crim.App.1999) (finding four different aggravated sexual assault offenses in Section 22.02 because “or” is used to “distinguish and separate different conduct”); Gonzales v. State, 191 S.W.3d 741, 747-48 (Tex.App.-Waco, 2006, pet.ref'd) (finding three separate aggravated-assault offenses for same reasons). 2007App. 1999) (finding four different aggravated sexual assault offenses in Section 22.02 because "or" is used to "distinguish and separate different conduct"); Gonzales v. State , 191 S.W.3d 741, 747-48 (Tex. App.--Waco, 2006, pet. ref'd) (finding three separate aggravated-assault offenses for same reasons). | 2 | 2 |
Thornton, Gregorygreen1 sentence2023See Thornton v. State, 425 S.W.3d 289, 299-300 (Tex. Crim. App. 2014). | 1 | 1 |
Stanley Deon Harper v. Stategreen1 sentence2023For purposes of this appeal, we do not determine whether Section 12.50 applies to aggravated assaults under Section 22.02. 2 App. 2003 ) (“An agreement to dismiss a pending charge, or not to bring an available charge, effectively puts a cap on punishment at the maximum sentence for the charge that is not dismissed.”); Harper, 567 S.W.3d at 455 (discussing charge bargains and Rule 25.2(a)(2)). | 1 | 1 |
Canida, Bobby Glenngreen1 sentence2021See Canida v. State, 434 S.W.3d 163, 166 (Tex. Crim. App. 2014). | 1 | 1 |
Elonis v. United Statesgreen2 sentences2015ARGUMENT Ground One For purposes of determining whether there is sufficient evidence to support a conviction for aggravated assault under Tex.Pen.Code § 22.02(a)(2), there must be evidence that the defendant intended to threaten injury to the specific person named in the indictment, complainant, and knew that he had done so, and the threat may not have arisen solely from the complainant's view of the circumstances and his conclusions about the intent of the accused. "[A]1 defendant generally must 'know the facts that make his conduct fit the definition of the offense '" Elonis v. United States 2015Appellant's Petition for Discretionary Review - Page ii TABLE OF CONTENTS GROUNDS FOR REVIEW ii TABLE OF CONTENTS iii INDEX OF AUTHORITIES iv IDENTITY OF JUDGE, .PARTIES, AND COUNSEL .V STATEMENT REGARDING ORAL ARGUMENT vi STATEMENT OF THE CASE vi STATEMENT OF PROCEDURAL HISTORY vi INTRODUCTION 1 STATEMENT OF FACTS 2 ARGUMENT 4 Ground One For purposes of determining whether there is sufficient evidence to support a conviction for aggravated assault under Tex.Pen.Code § 22.02(a)(2), there must be evidence that the defendant intended to threaten injury to the specific person named in the indictm | 1 | 1 |
Fiore v. Whitegreen2 sentences2015Appellant's Petition for Discretionary Review - Page ii TABLE OF CONTENTS GROUNDS FOR REVIEW ii TABLE OF CONTENTS iii INDEX OF AUTHORITIES iv IDENTITY OF JUDGE, .PARTIES, AND COUNSEL .V STATEMENT REGARDING ORAL ARGUMENT vi STATEMENT OF THE CASE vi STATEMENT OF PROCEDURAL HISTORY vi INTRODUCTION 1 STATEMENT OF FACTS 2 ARGUMENT 4 Ground One For purposes of determining whether there is sufficient evidence to support a conviction for aggravated assault under Tex.Pen.Code § 22.02(a)(2), there must be evidence that the defendant intended to threaten injury to the specific person named in the indictm 2015Appellant's Petition for Discretionary Review - Page ii TABLE OF CONTENTS GROUNDS FOR REVIEW ii TABLE OF CONTENTS iii INDEX OF AUTHORITIES iv IDENTITY OF JUDGE, .PARTIES, AND COUNSEL .V STATEMENT REGARDING ORAL ARGUMENT vi STATEMENT OF THE CASE vi STATEMENT OF PROCEDURAL HISTORY vi INTRODUCTION 1 STATEMENT OF FACTS 2 ARGUMENT 4 Ground One For purposes of determining whether there is sufficient evidence to support a conviction for aggravated assault under Tex.Pen.Code § 22.02(a)(2), there must be evidence that the defendant intended to threaten injury to the specific person named in the indictm | 1 | 1 |
Morissette v. United Statesgreen2 sentences2015Appellant's Petition for Discretionary Review - Page ii TABLE OF CONTENTS GROUNDS FOR REVIEW ii TABLE OF CONTENTS iii INDEX OF AUTHORITIES iv IDENTITY OF JUDGE, .PARTIES, AND COUNSEL .V STATEMENT REGARDING ORAL ARGUMENT vi STATEMENT OF THE CASE vi STATEMENT OF PROCEDURAL HISTORY vi INTRODUCTION 1 STATEMENT OF FACTS 2 ARGUMENT 4 Ground One For purposes of determining whether there is sufficient evidence to support a conviction for aggravated assault under Tex.Pen.Code § 22.02(a)(2), there must be evidence that the defendant intended to threaten injury to the specific person named in the indictm 2015Appellant's Petition for Discretionary Review - Page ii TABLE OF CONTENTS GROUNDS FOR REVIEW ii TABLE OF CONTENTS iii INDEX OF AUTHORITIES iv IDENTITY OF JUDGE, .PARTIES, AND COUNSEL .V STATEMENT REGARDING ORAL ARGUMENT vi STATEMENT OF THE CASE vi STATEMENT OF PROCEDURAL HISTORY vi INTRODUCTION 1 STATEMENT OF FACTS 2 ARGUMENT 4 Ground One For purposes of determining whether there is sufficient evidence to support a conviction for aggravated assault under Tex.Pen.Code § 22.02(a)(2), there must be evidence that the defendant intended to threaten injury to the specific person named in the indictm | 1 | 1 |
Jackson v. Virginiared2 sentences2015Appellant's Petition for Discretionary Review - Page ii TABLE OF CONTENTS GROUNDS FOR REVIEW ii TABLE OF CONTENTS iii INDEX OF AUTHORITIES iv IDENTITY OF JUDGE, .PARTIES, AND COUNSEL .V STATEMENT REGARDING ORAL ARGUMENT vi STATEMENT OF THE CASE vi STATEMENT OF PROCEDURAL HISTORY vi INTRODUCTION 1 STATEMENT OF FACTS 2 ARGUMENT 4 Ground One For purposes of determining whether there is sufficient evidence to support a conviction for aggravated assault under Tex.Pen.Code § 22.02(a)(2), there must be evidence that the defendant intended to threaten injury to the specific person named in the indictm 2015Appellant's Petition for Discretionary Review - Page ii TABLE OF CONTENTS GROUNDS FOR REVIEW ii TABLE OF CONTENTS iii INDEX OF AUTHORITIES iv IDENTITY OF JUDGE, .PARTIES, AND COUNSEL .V STATEMENT REGARDING ORAL ARGUMENT vi STATEMENT OF THE CASE vi STATEMENT OF PROCEDURAL HISTORY vi INTRODUCTION 1 STATEMENT OF FACTS 2 ARGUMENT 4 Ground One For purposes of determining whether there is sufficient evidence to support a conviction for aggravated assault under Tex.Pen.Code § 22.02(a)(2), there must be evidence that the defendant intended to threaten injury to the specific person named in the indictm | 1 | 1 |
Adkins v. Stategreen2 sentences2015Appellant's Petition for Discretionary Review - Page ii TABLE OF CONTENTS GROUNDS FOR REVIEW ii TABLE OF CONTENTS iii INDEX OF AUTHORITIES iv IDENTITY OF JUDGE, .PARTIES, AND COUNSEL .V STATEMENT REGARDING ORAL ARGUMENT vi STATEMENT OF THE CASE vi STATEMENT OF PROCEDURAL HISTORY vi INTRODUCTION 1 STATEMENT OF FACTS 2 ARGUMENT 4 Ground One For purposes of determining whether there is sufficient evidence to support a conviction for aggravated assault under Tex.Pen.Code § 22.02(a)(2), there must be evidence that the defendant intended to threaten injury to the specific person named in the indictm 2015Appellant's Petition for Discretionary Review - Page ii TABLE OF CONTENTS GROUNDS FOR REVIEW ii TABLE OF CONTENTS iii INDEX OF AUTHORITIES iv IDENTITY OF JUDGE, .PARTIES, AND COUNSEL .V STATEMENT REGARDING ORAL ARGUMENT vi STATEMENT OF THE CASE vi STATEMENT OF PROCEDURAL HISTORY vi INTRODUCTION 1 STATEMENT OF FACTS 2 ARGUMENT 4 Ground One For purposes of determining whether there is sufficient evidence to support a conviction for aggravated assault under Tex.Pen.Code § 22.02(a)(2), there must be evidence that the defendant intended to threaten injury to the specific person named in the indictm | 1 | 1 |
Ex Parte Noyolagreen1 sentence2008See Ex parte Noyola, 215 S.W.3d 862, 867 (Tex.Crim.App.2007)(“So, the relevant inquiry is whether Noyola was ‘serving a sentence for’ a first- or second-degree-felony offense of aggravated assault under Section 22.02, Penal Code, when his parole was revoked”); Ex parte Byrd, 162 S.W.3d 250 , 253 *343 (Tex.Crim.App.2007)(holding that “at the time of his revocation,” applicant’s prior conviction for aggravated assault on a peace officer was not an offense described by Section 508.149(a)). | 1 | 1 |
Vick v. Stategreen1 sentence2008See Vick v. State, 991 S.W.2d 830, 833 (Tex.Crim.App.1999) (finding four different aggravated sexual assault offenses in Section 22.02 because “or” is used to “distinguish and separate different conduct”); Gonzales v. State, 191 S.W.3d 741, 747-48 (Tex.App.-Waco, 2006, pet.ref'd) (finding three separate aggravated-assault offenses for same reasons). | 1 | 1 |
Rojas v. Stategreen1 sentence2006“When an indictment facially alleges a complete offense, the State is bound by the theory alleged in the indictment, as is the reviewing court in its sufficiency analysis.” Rojas v. State , 986 S.W.2d 241, 246 (Tex. Crim. | 1 | 1 |
Boney v. Stategreen1 sentence1985Boney v. State, 572 S.W.2d 529, 532 (Tex.Crim.App.1978). | 1 | 1 |
Teal v. Stategreen1 sentence1978See Teal v. State, 543 S.W.2d 371 (Tex.Cr.App.). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Landrian v. State
green
2 sentences2023As previously mentioned, the focus of aggravated assault under § 22.02(a) is “causing bodily injury.” Landrian, 268 S.W.3d at 533 . 2017Id. at 298 (citing Landrian , 268 S.W.3d at 537 ). | 2 | 2017–2023 |
Johnson v. State
green
1 sentence2017Id. at 298 (citing Landrian , 268 S.W.3d at 537 ). | 1 | 2017–2017 |
Chambliss v. State
green
1 sentence2016Chambliss, 647 S.W.2d at 266 . 10 Lastly, the jury found Appellant guilty of committing aggravated assault under Section 22.02(a)(1) of the Texas Penal Code by intentionally or knowingly causing serious bodily injury to Brown as charged in the second paragraph of the indictment. | 1 | 2016–2016 |
Staples v. United States
green
2 sentences2015Appellant's Petition for Discretionary Review - Page ii TABLE OF CONTENTS GROUNDS FOR REVIEW ii TABLE OF CONTENTS iii INDEX OF AUTHORITIES iv IDENTITY OF JUDGE, .PARTIES, AND COUNSEL .V STATEMENT REGARDING ORAL ARGUMENT vi STATEMENT OF THE CASE vi STATEMENT OF PROCEDURAL HISTORY vi INTRODUCTION 1 STATEMENT OF FACTS 2 ARGUMENT 4 Ground One For purposes of determining whether there is sufficient evidence to support a conviction for aggravated assault under Tex.Pen.Code § 22.02(a)(2), there must be evidence that the defendant intended to threaten injury to the specific person named in the indictm 2015Appellant's Petition for Discretionary Review - Page ii TABLE OF CONTENTS GROUNDS FOR REVIEW ii TABLE OF CONTENTS iii INDEX OF AUTHORITIES iv IDENTITY OF JUDGE, .PARTIES, AND COUNSEL .V STATEMENT REGARDING ORAL ARGUMENT vi STATEMENT OF THE CASE vi STATEMENT OF PROCEDURAL HISTORY vi INTRODUCTION 1 STATEMENT OF FACTS 2 ARGUMENT 4 Ground One For purposes of determining whether there is sufficient evidence to support a conviction for aggravated assault under Tex.Pen.Code § 22.02(a)(2), there must be evidence that the defendant intended to threaten injury to the specific person named in the indictm | 1 | 2015–2015 |
Patterson v. State
green
1 sentence2015App. 1989). 12 Id. at 941 . 13 CR, 6,9. 4 In the present case, it is undeniable that the elements of section 22.02 (b) (1) were included in the indictment. | 1 | 2015–2015 |
Isaac v. State
green
1 sentence2006Id. | 1 | 2006–2006 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.