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Mendez v. State4/25/2002
rhaged to death internally as a result of that wound. According to Dr. Khuri, the object used to make the wound was a flat, sharp object, although he agreed it could have been a flat, sharp piece of glass if it was long and sturdy enough.
One of Sandra's friends, Sara Street, provided evidence that Sandra had mood swings and had been depressed. Sara also testified that Sandra drank alcohol, used marijuana, cocaine, and Prozac. Sandra had recently been arrested for driving while intoxicated, and there was testimony of conflict between Sandra and her mother, who had allegedly threatened to take Sandra's child from her. Sara stated she was concerned that Sandra might hurt herself.
In Reeves v. State, 969 S.W.2d 471 (Tex.App.--Waco 1998, pet. ref'd), cert. denied, 526 U.S. 1068, 119 S.Ct. 1462, 143 L.Ed.2d 547 (1999), the cause, time, and location of death were not known. There was also no physical evidence of foul play to connect the defendant to the murder. However, the defendant was the last one to see the victim alive, he had previously abused her, he had the best opportunity and a motive to kill her, he told conflicting stories about her whereabouts, he went camping the day after she disappeared in the area where her body was found, and his actions immediately after her death, such as washing his truck, disposing of his sleeper sofa, and replacing carpet indicated he was hiding something. The evidence was held to be both legally and factually sufficient to support the verdict. Id. at 479-80.
In this instance, the location, approximate time, and the injury leading to Sandra's death are known. Although there is no fingerprint or DNA evidence connecting appellant to the crime, there is evidence that appellant was threatening Sandra with a knife shortly before her injury and she believed he was going to kill her. There is also evidence that appellant was present in the apartment at the time of Sandra's injury, and he admitted he struck her in the face. A number of knives were found inside the apartment and one was found outside the back door. The jury was free to resolve any inconsistencies in the evidence and conclude that appellant inflicted the lethal injury on Sandra with a knife as opposed to it being a self-inflicted injury or an injury by some other object. We believe a rational jury could have found the essential elements beyond a reasonable doubt, and that such a finding is not clearly wrong or unjust. Appellant's fourth and fifth issues are overruled.
Finding no reversible error, we affirm the judgment of the trial court.
Do not publish.
CONCURRING OPINION
I concur in the result.
Phil Johnson, Justice
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