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Click here for the full text of this decision FACTS:Appellant John Willard Howard was convicted by a jury of the offense of criminal nonsupport, a state jail felony. After five years of marriage, appellant divorced Lisa Ramirez in 1992. The court ordered appellant to pay $50 each week for the support of their three children. According to Ramirez, appellant allegedly never made any of the court-ordered payments, and documents from the Tarrant County Child Support Office, which is charged with receiving and forwarding such payments from appellant to Ramirez, likewise reflected that no payments had been made. Further, Hood County District Attorney’s Office Investigator Thelbert Milsap testified that, between December 1998 and December 2001, appellant made no child support payments. The appellant only challenges the legal and factual sufficiency of the evidence pertaining to his claimed inability to provide support for his children. HOLDING:Affirmed. The court disagrees with Houston’s 1st Court of Appeals’ interpretation of Meraz v. State,785 S.W.2d 146 (Tex. Crim. App. 1990), in Patterson v. State, 121 S.W.3d 22 (Tex. App. Houston [1st Dist.] 2003, pet. dism’d, untimely filed), that appellate courts lack legal sufficiency jurisdiction when a defendant seeks appellate review of a jury’s failure to make a finding on an issue upon which the defendant carries the burden of proof, such as an affirmative defense. Rather, in light of the development of legal and factual sufficiency review in criminal cases, the court follows the majority of Texas intermediate courts of appeals and conducts a legal sufficiency review of the evidence pertaining to appellant’s affirmative defense that he could not provide support for his children. Not to recognize the courts of appeals’ authority to review a legal sufficiency complaint concerning a defendant’s affirmative defense, as well as a factual sufficiency complaint, would ignore the Legislature’s action vesting the courts of appeals with intermediate criminal jurisdiction, the court states. The court holds that the standard of Sterner v. Marathon Oil Co., 767 S.W.2d 686 (Tex. 1989), is the proper legal standard of review for a criminal defendant’s legal sufficiency challenge to the trier of fact’s rejection of his or her affirmative defense. Under Sterner, the record must be examined for evidence that supports the finding, while ignoring all evidence to the contrary. If there is no evidence to support the finding, then the entire record must be examined to see if the contrary proposition is established as a matter of law. Although Gonzalez v. State, No. 2-02-291-CR (Tex. App. � Fort Worth Jun. 23, 2003, pet. ref’d) (mem. op.) cited the correct legal sufficiency review standard in part, the court overrules Gonzalez to the extent the court relied on Cooney (Cooney v. State, 803 S.W.2d 422 (Tex. App. � El Paso 1991, pet. ref’d)) and applied a modified-Jackson (Jackson v. Virginia, 443 U.S. 307 (1979)) standard. The court concludes that the evidence supports the jury’s failure to find that appellant could not provide support for his children, and the court need not reach Sterner’s second hurdle. The court holds that the evidence is legally sufficient to support the jury’s adverse finding on appellant’s affirmative defense. The evidence is factually sufficient to support the jury’s rejection of appellant’s affirmative defense. OPINION:Gardner, J.; Cayce, C.J.; Livingston and Gardner, JJ.

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