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Stuart Eads Clements v. the State of Texas

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OPINION

Stuart Clements appeals his conviction for misdemeanor assault of an elderly individual. He received a 1 year county jail sentence, which was suspended in favor of 2 years’ of community supervision. On appeal, he raises a single issue challenging the sufficiency of the evidence supporting his conviction.

Wise County Sheriff’s Department Officer Mark Adams was dispatched to the Yellow Rose Cafe near Bridgeport, Texas, to investigate a disturbance on August 20, 2007. At approximately 11:30 that morning, Mrs. Nelva Reeves, a cafe employee, who was seventy-two years’ old at the time, encountered Appellant at the restaurant’s cash register after Appellant began complaining about his meal and the service he received. Mrs. Reeves offered to let Appellant leave the restaurant without charge, and suggested that he try another establishment. During their conversation, Mrs. Reeves noticed that Appellant smelled like he had been drinking. Despite her requests that Appellant leave the premises, Appellant continued to argue about his dissatisfaction.

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