NUMBER 13-17-00561-CR & 13-17-00562-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG SAYED SADAT, Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 299th District Court of Travis County, Texas. MEMORANDUM OPINION Before Chief Justice Valdez and Justices Longoria and Hinojosa Memorandum Opinion by Chief Justice Valdez In appellate cause number 13-17-00561-CR, appellant Sayed Sadat appeals his conviction of aggravated kidnapping, a first-degree felony (the aggravated kidnapping cause) and in appellate cause number 13-17-00562-CR, Sadat appeals his conviction of aggravated assault, a second-degree felony (the aggravated assault cause). 1 See TEX. PENAL CODE ANN. §§ 20.04, 22.02 (West, Westlaw through 2017 1st C.S.). In the aggravated kidnapping cause, Sadat contends by one issue that the trial court improperly rejected his affirmative defense that he voluntarily released the victim in a safe place, which would have reduced the charged offense from a first-degree felony to a second- degree felony. See id. § 20.04(d). In the aggravated assault cause, Sadat’s court- appointed counsel has filed an Anders brief. See Anders v. California, 386 U.S. 738, 744 (1967). In both causes, we affirm. I. BACKGROUND Nicole Cantu, a licensed clinical social worker, testified that on May 17, 2016, while providing social services to Sadat at his apartment, he attacked her. Cantu explained that when she told Sadat she had to leave, he said “No,” and as she walked to the door, Sadat hit the back of her head. Cantu explained that when Sadat hit her, she dropped everything she was holding, including her keys, personal cell phone, and work cell phone. Cantu said that the pair struggled as she attempted to reach for the door, but Sadat overpowered her and hit her some more. According to Cantu, she was unable to get to the door, and Sadat bit her three times, once on the left temple, which required stitches.2 Cantu testified that Sadat then hit her eye with a screwdriver; however, her eyeglasses prevented a more serious injury from occurring. According to Cantu, at some point, Sadat put the screwdriver down, pinned her shoulders with his knees, grabbed her 1 Both causes are before this Court on transfer from the Third Court of Appeals in Austin pursuant to a docket-equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001 (West, Westlaw through 2017 1st C.S.). 2 Cantu testified that Sadat also bit her on her chest and her right breast. 2 hair, and told her that he would tie her up and keep her there so that she could not call the police. Cantu testified that Sadat “made a statement to the effect of . . . the police have power, America is power or is about power, now I have power over you.” Cantu stated that to de-escalate the situation, she reminded Sadat that she cared about him, and he responded by saying that he loved her. Cantu told him she also loved him to keep him calm. Cantu testified that ...
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