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Click here for the full text of this decision The circumstantial evidence supporting the finding that appellant intentionally shot the complainant is not so greatly outweighed by contrary proof as to indicate that a manifest injustice has occurred. FACTS:In 1992, Mario Herrera Ponce went to the apartment where the mother of his child and the child lived. While there, the mother’s current boyfriend arrived and eventually went out to Ponce, who was sitting in his truck. The two got into a verbal confrontation, which led to a physical confrontation. During the struggle, Ponce reached for the gun in his glove compartment and pointed it at the boyfriend. The two struggled again, and, in the struggle, the gun went off, shooting the boyfriend in the head. As Ponce drove off, he ran over the boyfriend’s head. Ponce fled to Mexico, but was arrested in North Carolina in 2000. He was charged and convicted of aggravated assault and that he had used a firearm during the offense. He was sentenced to 10 years in prison and fined $10,000. Ponce appeals the factual sufficiency of the evidence, and he says he was denied the opportunity to challenge the venire panel on the members’ ability to follow the law on punishment. HOLDING:Affirmed. The court notes that an aggravated assault conviction requires evidence of intentionally, knowingly or recklessly causing serious injury to another, or intentionally or knowingly threatening or injuring another with a deadly weapon. The court rules the state the circumstantial evidence supporting the finding that Ponce intentionally shot the boyfriend is not greatly outweighed by contrary proof to indicate that a “manifest injustice” has occurred. The court notes that the jury was free to reject Ponce’s claim of self-defense, which he said was based on the boyfriend’s previous threats to kill him. The court overrules the point of error concerning the challenge to the venire panel because the alleged error was not properly preserved. OPINION:Hedges, J.; Hedges, Nuchia and Higley, JJ.

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