2009 v. << (2011)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

Say Krouch, the owner of Millennium Liquor on Jacksboro Highway in Samson Park, testified that on August 6, 2009, a man with a bag on his head came into his store, pulled out a black gun, pointed it at him, and ordered him to put money

PANEL:  LIVINGSTON, C.J.;   GARDNER and GABRIEL, JJ.

Tex.R. App. P. 47.2(b)

DELIVERED:  March 3, 2011

FOOTNOTES

FN1. See Tex.R.App. P. 47.4..  FN1. See Tex.R.App. P. 47.4.

FN2. Appellant challenges only the factual sufficiency of the evidence.   But after appellant filed his brief, the court of criminal appeals overruled cases that allowed a factual sufficiency review and held that there is “no meaningful distinction between the ․ legal-sufficiency standard and the ․ factual-sufficiency standard.”  Brooks v. State, 323 S.W.3d 893, 901 (Tex.Crim.App.2010).   Thus, the Jackson standard is the “only standard that a reviewing court should apply in determining whether the evidence is sufficient to support each element of a criminal offense that the State is required to prove beyond a reasonable doubt.   All other cases to the contrary ․ are overruled.”  Id. at 912.   Accordingly, we apply the Jackson standard of review to appellant's sufficiency issue..  FN2. Appellant challenges only the factual sufficiency of the evidence.   But after appellant filed his brief, the court of criminal appeals overruled cases that allowed a factual sufficiency review and held that there is “no meaningful distinction between the ․ legal-sufficiency standard and the ․ factual-sufficiency standard.”  Brooks v. State, 323 S.W.3d 893, 901 (Tex.Crim.App.2010).   Thus, the Jackson standard is the “only standard that a reviewing court should apply in determining whether the evidence is sufficient to support each element of a criminal offense that the State is required to prove beyond a reasonable doubt.   All other cases to the contrary ․ are overruled.”  Id. at 912.   Accordingly, we apply the Jackson standard of review to appellant's sufficiency issue.

FN3. One of the officers testified that from a side angle, the gun was indistinguishable from a real weapon..  FN3. One of the officers testified that from a side angle, the gun was indistinguishable from a real weapon.