TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-19-00125-CR Gabino Hernandez-Dominguez, Appellant v. The State of Texas, Appellee FROM THE 147TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-17-206863, HONORABLE CLIFFORD A. BROWN, JUDGE PRESIDING MEMORANDUM OPINION A jury convicted Gabino Hernandez-Dominguez of the second-degree felony offense of aggravated assault with a deadly weapon-family violence for threatening imminent bodily injury with a knife to his live-in girlfriend. See Tex. Penal Code § 22.02(a)(2), (b); see also id. § 12.33 (setting punishment range of two to twenty years’ imprisonment for second- degree felonies). The jury assessed punishment at eight years’ imprisonment and returned a verdict form leaving open space in the portion for recommending that the court suspend the assessed sentence and place Hernandez-Dominguez on community supervision. See Tex. Code Crim. Proc. art. 42A.055(a). The district court read the jury’s punishment verdict aloud in open court and confirmed with the presiding juror that this was the jury’s verdict. Hernandez- Dominguez declined polling the jury. On appeal, Hernandez-Dominguez contends that the jury’s punishment verdict reflects a community-supervision recommendation and that his judgment of conviction should be modified to reflect that his sentence was “probated.” We will affirm the district court’s judgment of conviction. BACKGROUND1 Evidence during guilt-innocence phase The jury heard evidence that a neighbor in Hernandez-Dominguez’s four-plex awoke after hearing a “banging noise” and a female voice “crying out” from downstairs at 4:00 a.m. The neighbor called 911. An audio recording of her 911 call was admitted into evidence. Austin Police Department officers responded to the scene in south Austin. A woman, later identified as Hernandez-Dominguez’s girlfriend, answered the door crying and ran out. Through the open door, officers saw a man, later identified as Hernandez-Dominguez, pacing back and forth while “sweating profusely.” His pockets were full of bulging items, and he was holding a broken glass in one hand and a wall thermostat in the other. After police officers told him that they wanted to talk to him, Hernandez-Dominguez allowed them inside. He continued to exhibit “odd behavior,” and when he threw the broken glass from his hand into a bedroom and began punching a bedroom door, officers decided to frisk him for weapons. He struggled with the officers and was placed in handcuffs. A video recording from the dashboard camera of a patrol car parked facing the front of the four-plex, which captured sounds of 1 Because Hernandez-Dominguez raises no challenge to the sufficiency of the evidence supporting his conviction, we provide only a brief summary of the facts underlying his conviction. See Tex. R. App. P. 47.1 (requiring issuance of opinion that is brief as possible but addresses every issue raised and necessary to final disposition of appeal). 2 Hernandez-Dominguez’s yelling, was admitted into evidence. Officers recovered a knife with a six-or-seven-inch blade from the scene. Another officer spoke with Hernandez-Dominguez’s girlfriend, who stated that Hernandez-Dominguez had not slept in six days, that he had been sharpening knives in the kitchen, and that he had threatened her with ...
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