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Fernando Hernandez Rodriguez v. the State of Texas

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OPINION

A Montgomery County jury found the appellant, Fernando Hernandez Rodriguez, guilty of committing aggravated assault. See Tex. Penal Code Ann. § 22.02(a) (West 2011) (containing the elements for the crime of aggravated assault). Because the jury also found that Rodriguez used a deadly weapon in committing the offense, the judgment contains a deadly-weapon finding. See Tex. Code Crim. Proc. Ann. arts. 42.01 § 1(21), 42.12 § 3g(a)(2) (West Supp. 2010) (requiring trial court to make affirmative finding in the judgment based on the fact-finder’s affirmative answer to a deadly-weapon issue). The trial court sentenced Rodriguez to seven years of imprisonment. Tex. Gov’t Code Ann. § 508.145(d) (West Supp. 2010) (requiring inmate burdened by judgment containing an affirmative deadly-weapon finding to serve at least one-half of his sentence before being eligible for release on parole); Tex. Gov’t Code Ann. § 508.149(a)(1) (West Supp. 2010) (making an inmate, when the judgment of conviction contains an affirmative deadly-weapon finding, ineligible for mandatory supervision).

Rodriguez raises two issues in his appeal. In issue one, Rodriguez contends the evidence is legally insufficient to support his conviction for aggravated assault. In issue two, Rodriguez argues that the trial court erred when it allowed the State, during the guilt-innocence phase of his trial, to introduce a video recording created approximately one week before trial. We conclude the evidence is sufficient to support Rodriguez’s conviction, and we further conclude that the trial court did not abuse its discretion in admitting the recording. We affirm the trial court’s judgment.

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