![]() ![]() told her that his mother s boyfriend hit him in 3 the face. told them that appellant assaulted him: Gloria Nini, the Montgomery County Hospital District paramedic who responded to the scene and Sheryl Gokey, an employee with the Texas Department of Family and Protective Services. s injuries were admitted over appellant s objection at trial that they appeared to be altered. Deputy Sibille observed and photographed R.H. informed him that appellant assaulted him because he tried to get a CD from appellant s room, and that appellant chased him to the neighbor s house and continued assaulting him there. Philippe Sibille, a Montgomery County Sheriff s Office deputy, responded to the call and spoke with R.H. ![]() According to Finney, appellant said, I caught him smoking my weed. Finney testified that he grabbed appellant by his back, and I slung him off the porch. Finney ran toward his house, and as he neared it, he observed appellant standing over R.H., punching R.H. Finney testified that he saw someone on my porch swinging swinging their arms. Finney owned the property where the alleged assault occurred. until another neighbor, James Finney, intervened. Pangarakis left to call the police, and while she was on the telephone, she saw appellant return and continue hitting R.H. before leaving, You re going to get it twice as bad when she leaves. Pangarakis stated that appellant then returned to his residence, but remarked to R.H. He 2 Because this is a memorandum opinion and the parties are familiar with the facts, we will not recite them here except as necessary to advise the parties of the Court's decision and the basic reasons for it. and that she was going to call the police, to which appellant allegedly responded, Go ahead and call the police. Pangarakis testified that she told appellant to stop hitting R.H. I watched him land probably six to eight punches. and was had both hands fists closed and he was punching him under and over, under and over in the face and around the back area. I could hear him screaming from two doors down, and I went after him. I left my car, and I went after him, because I felt like was in trouble. two houses down and then onto a neighbor s porch. and mother s boyfriend came out of the house and I could hear screaming, Help me help me David, don t hurt me. Pangarakis testified that upon arriving at the house, E.H. BACKGROUND2 Rhonda Pangarakis drove her son s girlfriend, E.H., to E.H. By a fourth issue, appellant contends the cumulative impact of the foregoing errors requires reversal. By three issues, which we have reordered, appellant argues: (1) the evidence was insufficient to convict (2) the trial court erred by failing to admit appellant s photographs in lieu of the State s Exhibits 6 through 10 and (3) the trial court should have included appellant s requested criminal negligence instruction in the jury charge. and assessed punishment at seventy-five years confinement in the Texas Department of Criminal Justice, Institutional Division. A jury found appellant guilty 1 This case is before this Court on transfer from the Ninth Court of Appeals in Beaumont pursuant to an order issued by the Supreme Court of Texas. ยง 22.04(a)(3) (West 2011), which was enhanced by three prior felony convictions, see id. MEMORANDUM OPINION1 Before Justices Rodriguez, Garza, and Perkes Memorandum Opinion by Justice Perkes Appellant David Paul Brown appeals his conviction for injury to a child, a third-degree felony, see TEX. On appeal from the 435th District Court of Montgomery County, Texas. NUMBER 13-11-00640-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG DAVID PAUL BROWN, Appellant, v. ![]()
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