AFFIRM; Opinion Filed April 8, 2013.

In 

### The 

### Qfonrt of 1ppea1 

## ififti, ttritt of

## Z1texa at atta No. 05-12-01482-CR AARON DESHON WILlIAMS, Appellant

THE STATE OF TEXAS, Appellee On Appeal from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 30403-422 

### MEMORANDUM OPINION Before Justices Bridges, FitzGerald, and Myers Opinionby Justice Myers 

### Ajury convicted Aaron Deshon Williams ofaggravatedrobbery with a deadly weapon and assessedpunishment attwenty years’ imprisonment and a $2,000 fine. In a single point of error, appellant contends the evidence is insufficient to uphold the conviction. We affirmthe trial court’sjudgment. APPLICABLE LAW 

### In reviewing a challenge to the sufficiency ofthe evidence, we examine all the evidence in the lightmost favorable to the verdict and determine whether a rational trier offact couldhave found the essential elements ofthe offense beyond a reasonable doubt. Jackson v. Virginia, 443U.S. 307, 319 (1979); Lucia v. State, 351 S.W.3d $7$, $9495 (Tex. Crim. App. 2011); Brooks v. State, 323 S.W.3d $93, $95 (Tex. Crim. App. 2010) (plurality op.). We are required to defer to the jury’s credibility and weight determinations because the jury is the sole judge of the witnesses’ credibility and the weight to be given their testimony. SeeJackson, 443 U.S. at 326. The State was required to prove beyond a reasonable doubt that appellant, (1) in the
course of committing theft and with intent to obtain or maintain control of the property, (2) intentionally or knowingly threatened or placed another in fear of imminent bodily injury or death, and (3) he used or exhibited a deadly weapon, a handgun, during the commission ofthe
offense. See TEx. PENAL Coou ANN, 

### § 29.02(a)(2), 29.03(a)(2) (West 2011). A firearm is a deadly weapon. Id. 

### § I .07(a)(17). EVIDENCE PREsENTEo Fahed Khattar Fatayri owns a gas station in Terrell. Fatayri testified that on November 23, 2009, a man entered the station wearing a gorilla mask, pointed a gun at Fatayri’s head, and demanded money. Fatayri, who was standing near a coffee machine, told the man that the
money was in the register. When the man turned toward the register, Fatayri pulled out his own gun and fired one shot. The man fled the store. Fatayri chased after the man around to the back ofthe building. He saw the man run across a vacant area for about one block, then get into the passenger seat ofa waiting green truck. Fatayri testified he recognized the truck because it came to his station daily for gas. After the truck drove off Fatayri returned to the store and called the police. A recording from surveillance cameras mounted inside the store was played to thejury. Terrell police officer Jason Whitworth arrived at the gas station a short time after Fatayri called the police. Whitworth testified he secured the scene and called for additional officers. Whitworth he did not see anyone in the area. Terrell police officer David Bridges testified he -2-

### approached the gas station from the back area to see ifhe could locate a suspect. Bridges did not
see 

### anyone in the area, hut he 

### did see a Halloween mask in a lot “a 

### couple hundred yards” behind the station. Bridges testified he stayed with the mask until crime scene officers arrived, and that
no one touched or tampered with the mask. Erica Angel, a civilian employee with the Crime Scene Unit, testified she photographed the interior ofthe gas station, collected a cigarette butt from outside the front door, and collected
a mask that had a red bandana on it from a lot behind the station. Xaviar Aranda, a forensic scientist wtth the Garland Crime Lab, testified the mask found behind the gas station had a red bandana “knotted” on it. Aranda testified he tbund several stains on the bandana that tested positive for human blood. He preserved the stains, along with swabbings from the inside and outside ofthe mask, and sent all those samples to a DNA analyst. Amber Moss, a DNA expert, testified that DNA is a person’s genetic blueprint, and each person has a different [)NA profile, except for identical twins. DNA testing involves looking at fifteen different areas on different chromosomes of the DNA. Moss testified she performed DNA analysis on two ofthe stains 

### found on the bandana and on the swabs taken from the mask. The DNA profiles from the stains matched the profile from the mask, meaning that only one individual contributed the DNA for all three samples. Moss testified she used a database to 

### generate a report on a possible suspect; the report listed appellant as a potential suspect. Moss testified appellant’s DNA profile from a buccal swab matched the profiles found on the bandana 

### and the mask. Moss said her statistical analysis showed that “with a reasonable degree of scientific certainty” appellant was the source ofDNA found on the bandana stains and the mask. Moss’s written report was admitted into evidence. Moss also testified that DNA on an item can be found years afterbeing deposited as long as the item is preserved. -3-

### DISCVSSION Appellant contends the evidence is insufficient because Moss identified appellant as the depositorofthe l)NA found on the maskand bandana

### basedupon calculationspertainingto the 

### “Caucasian” population. Appellant asserts that because he is black and not 

### Caucasian, Moss’s 

### calculations were based on the

### wrong data and, thus, herdeductions are faulty Appellant also arguesthatbecauseno one

### testifiedregardinghow long theblood stainhad

### beenon the

### bandana,
or that the person wearing the mask was injured or cut during the 

### robbery, the evidence is insufticientto supporttheconviction. Moss’s laboratory report stated herDNA analysis calculated the likelihood offinding a 

### random individuaL, otherthan appellant as the 

### depositor ofthe DNA found onthe

### bandana and maskfromthreeNorth Americanpopulation groups, Caucasian, Black, andHispanic. Thejury heard Moss’s testimony in which she usedthe statistical number that was generated within the Caucasian group as an example. Appellant’s assertion ignores the fact that Moss told thejury she calculated the probabilities in all three racial 

### groups. Further, the jury heard Moss’s testimonythat DNA canremain detectableon an itemforyears afterbeingdeposited ifthe item ispreserved. Itwas thejury’s role, as the fact-finderinthis case, toresolve any conflicts inthe evidence, andto acceptor

### rejectanyandall oftheevidence

### presentedbyeitherside. SeeTex. CodeCrim. Proc. Ann. art. 38.04 (West 1979); Wesbrook v. State, 29 S.W.3d 103, 111 (Tex. Crim. App. 2000). Thejury could reasonably conclude that appellantwas the person

### who was wearingthe mask. 

### Having reviewed all ofthe 

### evidence under the 

### appropriate standard, we conclude it is 

### sufficientto supportthejury’s

### verdict Weoverrule

### appellant’s sole

### pointoferror.

-4-We affirm the trial court’s judgment.

LANAM ERS 

## V JUSTICE
Do Not Publish Ttx. R. Aep. P.47 121482F.U()5

## Qtourt of tppat jfiftj 

## Itrct ofZEtxa at atta
JUDGMENT
AARON DESHON WILLIAMS, Appellant No. 05-12-01482-CR 

## v THE STATE OF TEXAS, Appellee Appeal from the 422nd Judicial District Court ofKaufman County, Texas (Tr.Ct.No. 30403-422). Opinion delivered byJustice Myers, Justices Bridges and FitzGerald participating.

Based Ofl the Court’s opinion ofthis date, the trial court’sjudgment is AFFIRMED.
Judgment entered April 8, 2013.

LA A MYERS 

## I JUSTICE