him and
not sexually assaulthim again. (RR IV 150). The fact that appellant only
struck the complainant two times with a hammer proves thLathe did not intend
to kill *re complainant,but only actedin self-defense.If erpersonintendedto
kill another, it is highly likely that one would use much more force and
violencethanonly two hammerstrikesto the neck.If appellanthadthe intent
to kill, Mr. Taylor would havehad manymore injuriesto his body.Frankly,
thereis no evidencein this caseto disprovethat appellantdid not act in self-
defense.Self-defense is theonly logicalexplanation for whathappened.
Therefore,sincethe evidencedid not provebeyonda reasonable doubt
that the defendantwas not actingin self-defense on saidoccasionandunder
the circumstance, the defendantis entitledto the benefitof that doubt.Thus,
the Court of Appealserredin finding the evidencesufficientto supportthe
verdict.Appellantshouldbe acquittedby this Court.
Conclusionand Praver
Appellantpraysthatthis HonorableCourtgrantApp,ellant's Petitionfor
Discretionary Review,reversethe decisionofthe Courtof rA.ppeals, andacquit
Appellant.
RespectfullySubmitted,
z/f"*aQ*a
JeraldK. Graber 917 Franklin,Suite510 Houston,Texas 77002 7r3-224-232',.' Attomeyfor,Appellant
T4 I, JeraldK. Graber,do certifu that this on is in compliance with
Rule 9 sincethe entire documentconsistsof 25 words and is type4 using
l4-point font.
partiesvia e-file:
Alan Curry HarrisCountyDisfict Attorney'sOffice 1201Franklin,6* Floor Houston,TX 77002
Lisa McMinn StateProsecutingAttorney P.O.Box 13406 Austin,Texas 787IL-3046
Affirmed and MemorandumOpinion filed November10,:2015.
In The
lfisurttenth @uurtuf AffBulr
NO. 14-14-00844-CR
JUSTIN ROSSALLEN, Appellant
v. THE STATEOF TEXAS,Appellee
On Appeal from the 230th District Court Harris County, Texas Trial Court CauseNo. 1407495
MEMORANDUM OPINION
Appellant appealshis conviction for murder.In two issueshe challengesthe sufficiencyof the evidenceto supportthe conviction.We affi.rm.
I. F.lcruAL ANDPnocnouRAl BAcKGRoIUND
Appellant and severalco-workerswere stayingat a motel in Houstonwhile working on a constructionjob. Appellant's father was the supervisor.Appellant and the complainantwere staying in the samemotel room. On the night of the offense,appellant,the complainant,anda co-workernamed(SermanAguilar were working the night shift. In the early morning hours appellantcameto his father's motel room and told his father that the complainantwould not be reporting for work the next day becausehe was deadin appellant'smotelroom.
When Harris County SherifPsdeputiesarrived,appellant'sfather directed the investigationtoward appellant'smotel room. Inside the deputiesfound the complainant'sbody wrappedin a blanketon the floor. The deputiesdid not see appellant,and advisedthe dispatcherthat appellantwas a suspectand that he was not at the scene.The deputiesalso discoveredsheets,pillowcases,and a pillow from the bed in the bathtubwith soapywater. The bed that the complainanthad occupiedduringthe motel stay did not haveany bedding.The otherbed, in which appellanthad beensleeping,still had beddingon it. The complainanthad wounds to be stabwounds. to the backof his neckthat initially appeared
After getting a searchwarrant,law enforcementofficers searchedthe motel room and discovereda hammerinside of two trashbags. have been placed in a clear plastic bag and then the clearrbag containingthe hammerhad beenplacedin a blackplastictrashbag.The officersdiscoveredblood on the headboardof the complainant'sbed and on the sheet covering the complainant'sbody.The complainant'sbodywas fully dresserd.
Becauseappellanthad left the scene,the Harris Cor.rnfycanine unit was calledout to help searchfor him. The canineunit reportedto the La Quintamotel, whereappellanthad last beenseen.Whenthe searchdog alertiedon appellantin the high grass of a retentionpond near the motel, the canine handler shined his flashlight and saw appellantlying on the ground. Becausethe dog is trained to engagewith the suspect,the dog bit appellant.The handlerdiidnot instructthe dog to release appellant until appellant was handcuffed. Later, appellant received treatmentat