State v. Hinojosa

C. Jeff Mulliner

Practice Area:Violent Crime

Outcome:Directed Verdict of Acquittal

Description:The client was charged with Deadly Conduct with a firearm in Live Oak County, Texas, where he had been offered a 10 year term in prison. The State's offer was rejected and the case proceeded to jury trial. Following the conclusion of the State's case in chief, lead counsel, Jeff Mulliner, successfully persuaded the Court to grant Defendant's motion for a Directed Verdict of Acquittal, urged because the State of Texas had failed to prove that the Beretta 9 mm weapon that was introduced into evidence was a "firearm." Because the indictment alleged the weapon was a firearm, which is a term of art with a statutory definition, the Court agreed the State's proof was legally deficient and granted a Directed Verdict of Acquittal. Within weeks of the conclusion of the trial, the client commenced active duty with the United States Army, where he now faithfully serves our Country.