the hospitalfor the dog bite.
Appellant's Testimony
Appellant testified that he and the complainanthad been roommatesfor approximately three weeks. According to appellant, thr: complainant often mentioned his lack of sexual intercourse,showeredwith the door open, and masturbated approximately every other day. Appellant testified that the complainant'sconductmadehim uncomfortable.
According to appellant,the complainanttook sleepi.ngmedicationevery night. On the night before the offense,appellantand the complainantreturnedto the motel from the night shift. The complainanttook a showerwhile appellant madea sandwich,dranka beer,andbeganto watchtelevisiorr.Appellanttook a sip from his secondbeer when he decidedto take a shower.Appellant left his open beer in the room while he was in the shower. After of the shower, appellantdrankthe restof the secondbeerandthendranka third beerbeforegoing to bed. Appellant testified that he felt more groggy than usual after drinking three beers.At somepoint after going to bed appellantwas awakenedby a handon his shoulder.When appellantawoke he discoveredhis underwearand pajamapants were pulled down to his ankles.He also heardthe complainantclimbing into the complainant'sbed.Appellantfelt what he thoughtwas semenon his buttocks.
Appellant woke up late that afternoonand preparedfur the night shift. The shift endedearly becausea part on the machinethey were using broke. Appellant, the complainant,and Aguilar returnedto the motel. Appellant askedAguilar for the keys to Aguilar's van from which appellantretrieved a battery chargerfor a power tool and a hammer.Appellant returnedto the motel room and placed the battery charger and hammer on his bed. After approximatelyfive minutes the complainantgrabbedappellantin a "bearhug," andthe two menfell onto the bed. The complainant was on top of appellant and began '"humping" appellant. Appellant grabbedthe hammerand hit the complainanttwioe in the back of the head, which causedthe complainantto fall onto the bed. Appellant moved the complainant'sbody to the floor and coveredhim with a sheet.Appellanttook the other sheetfrom the bed, put it in the bathtub,and turned onLthe water. Appellant then walked to his father's room and reportedthat the complerinant would not be at work that day becausehe was dead.Appellant'sfathertold appellanthe would call 911. Appellantthen returnedto his motel room, drank approximatelyfour beers, smokeda cigarette,and placedthe hammerinsidetwo plastic bagsin the trash can of his motel room. When appellantsaw the police arrive, h,efled to a nearbyLa Quintamotel,jumpedover a fence,andhid in a retentionponduntil the canineunit foundhim.
appellanttestifiedhe did not rememberclosing the On cross-examination trash bag that containedthe hammer,nor did he remembertaking the pillow from the bedout of the pillowcaseandplacingthe pillowcaseandprillowin the bathtub.
State'sRebuttalEvidence
The forensic sexual assaultnurse examinertestified that she performed a physicalexaminationon appellantwhile he was sedatedin surgery.tHer physical examinationrevealedscratcheson appellant'srib cage,but no evidenceof sexual trauma.After appellantwoke from surgery,the nurseattemptedto obtain an oral history from appellant.Appellant replied,"I prefer not to talli aboutit, not without my lawyer present."The nursereportedthat appellant"becamevery tearful," and statedhe did not want to talk about the alleged sexual assilult at that time. The nursetestified that it was not uncommonfor a victim of sexualassaultto become tearful. ' Appellantrequiredsurgeryas a resultof the dog bite.
II. Issuns Arlo AN.q.Lvsrs
Appellant presentstwo issueson appeal.He assertsthat the evidenceis legally insufficientto supporthis convictionin that (1) there is no evidenceof intent to murder,and (2) the Statefailed to sufficiently refute appellant'sevidence of self-defense.
Appellant argues that the trial