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Click here for the full text of this decision FACTS:On or about Aug. 9, 2003, Zachary Jones, an African American, accompanied Amanda Johnson to Fanelli’s, a bar in Victoria. Bodie Lee Jaynes, who is Anglo, was also at Fanelli’s and was accompanied by two females. At some point during the evening, Jones overheard Jaynes and one of his female companions making racist comments. Jones approached Jaynes to question the comments; shortly thereafter, Jaynes and Jones engaged in an altercation outside of Fanelli’s. Testimony of appellant and Jones, along with the testimony of other witnesses, revealed that appellant used a knife to cut Jones during the altercation. Testimony also revealed that Jones used his belt during the fight, allegedly to disarm appellant and that Jones struck appellant in the head with the belt buckle. Jones, Johnson and other witnesses testified that appellant directed racial comments to Jones and people who sought to help Jones before, during and after the altercation. Jones filed a complaint with the Victoria Police Department. After an investigation, Detective Tom Copeland filed a report with the district attorney’s office naming appellant as the suspect. Appellant was charged with aggravated assault with a deadly weapon, enhanced by a hate-crime allegation. A jury found appellant guilty of the offense and found that appellant selected Jones because of a bias or prejudice against Jones. The trial court sentenced appellant to 20 years’ imprisonment. Jaynes appealed. HOLDING:Affirmed. Jaynes argued that he was not provided with a complete reporter’s record, but the court concluded that the trial court correctly ruled that the text of the reporter’s record of the trial accurately disclosed what occurred in the trial court. The court found the evidence was legally and factually insufficient to support the jury’s affirmative finding that Jaynes intentionally assaulted Jones because of his bias or prejudice against Jones’ race. Jaynes, the court stated, argued that the trial court erred in admitting evidence of his association with the Aryan Brotherhood and the Ku Klux Klan along with evidence depicting racial and ethnic prejudice. But the court found that Texas Rule of Evidence 404(b) did not apply, because membership in the Klan or Aryan Nation did constitute evidence of other crimes, wrongs or acts under the rule. Jaynes argued that the evidence was inadmissible under Rule 403, which prohibits the admission of evidence that is more prejudicial than probative, because Jaynes did not properly preserve error during the trial. The court also found that: the record did not support Jaynes’ contention that trial counsel failed to provide effective assistance; the evidence was factually sufficient to support the finding of guilt and the rejection of appellant’s self-defense claim; and rejected Jaynes’ “mutual combat” claims. OPINION:Garza, J.; Yanez, Rodriguez and Garza, J.J.

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