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Smith v. State

The trial court did not err in conducting voir dire and jury selection in the defendant's absence after the defendant refused to give the trial court his assurance that he would not cause a disruption in front of the jury panel.

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OPINION

Joe Smith appeals his conviction by a jury for aggravated assault, enhanced by two prior felony convictions. Smith, an inmate in the Mark Stiles Unit in Jefferson County, was accused of assaulting Kevin Hogg, another inmate, with a sharpened piece of metal. The jury assessed his punishment at sixty years’ imprisonment.

In his first issue on appeal, Smith challenges the legal sufficiency of the evidence. In reviewing the legal sufficiency of the evidence, we look to see whether after viewing all of the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560, 573 (1979); Lane v. State, 933 S.W.2d 504, 507 (Tex. Crim. App. 1996). We must evaluate all the evidence in the record, both direct and circumstantial, whether admissible or inadmissible. Johnson v. State, 871 S.W.2d 183, 186 (Tex. Crim. App. 1993).

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