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Alfred Ochoa v. the State of Texas

In four issues, appellant contends that the evidence is legally and factually insufficient to support his conviction; Texas Penal Code �22.01(b)(2), which elevates misdemeanor assault to a third-degree felony, violates the U.S. and Texas Constitutions; and he was ineffectively assisted by his trial counsel. The evidence is sufficient; the statute meets the requirements of the U.S. Constitution; appellant waived his challenge based on the Texas Constitution; and appellant failed to establish that he received ineffective assistance of trial counsel. The judgment is affirmed. Houston's 1st Court of Appeals, No. 01-09-00189-CR, 12-02-2010

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OPINION

Appellant, Alfred Ochoa, appeals from a judgment convicting him of felony assault involving dating violence as a second offender. See TEX. PENAL CODE ANN.§ 22.01(a)(1), (b)(2)(A) (second assault involving dating violence is third-degree felony) (Vernon Supp. 2010). In four issues, appellant contends that the evidence is legally and factually insufficient to support his conviction, that section 22.01(b)(2) of the Texas Penal Code, which elevates misdemeanor assault to a third-degree felony, violates the United States and Texas Constitutions, and that he was ineffectively assisted by his trial counsel. We conclude that the evidence is sufficient, the statute meets the requirements of the United States Constitution, appellant waived his challenge based on the Texas Constitution, and appellant failed to establish that he received ineffective assistance of trial counsel. We affirm.

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