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Key v. State

In conducting a factual sufficiency review, the appellate court must view all of the evidence impartially and set aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust.

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Appellant Kenneth Lamar Key (“Appellant”) was convicted by a jury of interference with public duties. The trial court assessed punishment at 180 days in the Smith County Jail, probated, and a $1,000 fine. In one issue, Appellant challenges the legal and factual sufficiency of the evidence to support his conviction. We affirm.

Background

Appellant was charged by information with interference with public duties by “refusing to obey lawful orders and directives of Jeffrey Callaway,” a Tyler police officer (“Officer Callaway”), who “was performing a duty or exercising authority imposed or granted by law, to-wit: to preserve the peace within the officer’s jurisdiction pursuant to Texas Code of Criminal Procedure Art. 2.13.” *fn1 Appellant pleaded “not guilty,” and a jury trial was conducted. Appellant appeared pro se, but an attorney was present at the trial and available to advise him. *fn2

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