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The jury convicted Pedro O. Fuentez, Jr. We find no error and affirm.

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In The. The trial court sentenced appellant to confinement for life in the Institutional Division of the Texas Department of Criminal Justice. Appellant challenges the legal and factual sufficiency of the evidence supporting his conviction in two issues.

We affirm. In order to determine if the evidence is legally sufficient, we must review all of the evidence in the light most favorable to the verdict and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

Jackson v. Virginia, U. State, 17 S. To determine if the evidence is factually sufficient, the appellate court reviews all of the evidence in a neutral light. Watson v. State, S. State, 23 S. Then, the reviewing court determines whether the evidence supporting the verdict is so weak that the verdict is clearly wrong and manifestly unjust or whether the verdict is against the great weight and preponderance of the conflicting evidence. Watson, S. She stated that Jacob and appellant seemed to get along well when they initially began dating but that their relationship started to deteriorate over time.

Jena testified that she observed appellant becoming irritated with Jacob in August She related incidents where appellant scolded her for paying too much attention to Jacob. She also observed Jacob resisting having contact with appellant. Appellant and Jena had planned to move into a trailer on November 1,along with Jacob. They were unable to move into the trailer on that date, however, because of a problem with the utilities at the trailer.

They eventually moved into the trailer on Friday, November 5, It appeared that Jacob had a cold when he woke up on Saturday, November 6, Appellant brought Jacob into the bedroom where she was located, placed him on the floor, and then slammed the bedroom door.

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On the morning of Sunday, November 7,Jena and appellant took Jacob to church with them. Jacob still seemed to have a bit of a cold on Sunday. Jena and appellant dropped Jacob off at the church nursery, but they were requested by the nursery to retrieve him before the end of the church service because he was fussy.

After they returned to the trailer, Jena gave Jacob a bath and then laid him down for a nap. Appellant also laid down for a nap at this time.

Jena attempted to do some laundry, but the washing machine at the trailer was not operating properly. She asked appellant to look at the washer. She reported that he appeared agitated by the situation. While appellant looked at the washer, Jena stepped out of the trailer to smoke a cigarette.

Jena heard Jacob crying loudly soon after she stepped outside of the trailer.

Upon opening the door of the trailer to check on Jacob, Jena observed appellant holding Jacob. She also observed that Jacob was still crying. After appellant told Jena that he would take care of Jacob, she closed the door to the trailer and remained outside. She soon heard appellant scream, AJena, come here. Appellant did not testify at trial. Lewis advised that they were B that he and Ms. Sinclair were at their home with the baby and that the baby started crying and that he went in to get the baby, try to get it to quit crying, and that Ms.

Sinclair was outside smoking a cigarette and that he brought the baby back into the living area and sat down. Lewis advised her that everything was okay, he was taking care of it and so she went back outside.

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Appellant subsequently gave a recorded statement to deputies. The health-care providers that treated Jacob at Midland Memorial determined that his condition was grave.

Jacob died at Cook on November 8,after the physicians that treated him there declared him Abrain dead. Angel Hernandez, a pediatric neurologist who treated Jacob at Cook, testified that he died as a result of non-accidental, blunt force trauma to the brain. He based his conclusion that the cause of death was not an accident because a simple fall would not have created the type of life threatening brain injuries that Jacob suffered.

Hernandez specifically testified that a fall of two to three feet onto the wooden portion of the couch would not have caused the severe brain injury that Jacob suffered. He further testified that Jacob would have become unconscious almost immediately after the infliction of the severe blunt force trauma. He agreed with Dr. Hernandez in his assessment of the severe and non-accidental nature of the fatal head injury that Jacob suffered.

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He also testified that Jacob would have become unconscious almost immediately after the injury. Appellant argues that the evidence is legally insufficient to support his conviction because of the absence of direct evidence regarding the manner in which he allegedly inflicted the fatal injury.

In making this argument, he contends that the State should have offered testimony from a grand juror to support the allegation in the indictment of an unknown manner and means. We disagree. When the evidence is inconclusive regarding the instrumentality that caused the death, it is not necessary for the State to put into evidence testimony that the grand jury used due diligence in attempting to ascertain the manner and means by which the murder occurred.

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See Hicks v. The evidence as to how appellant may have caused the fatal blunt force trauma to a nine-month-old baby while the two of them were alone was inconclusive. The testimony of Dr. Hernandez and Dr. Krouse established that Jacob would have become unconscious almost immediately after the fatal injury was inflicted.

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Their testimony also ruled out the possibility that the fatal injury occurred as a result of an accident. Reviewing all of the evidence in the light most favorable to the verdict, we conclude that a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

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Krouse was compelling. Furthermore, the evidence regarding how appellant interacted with his own children had little, if any, relevance to his conduct with Jacob. Furthermore, the verdict was not against the great weight and preponderance of the conflicting evidence. Standard of Review In order to determine if the evidence is legally sufficient, we must review all of the evidence in the light most favorable to the verdict and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

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Analysis Appellant argues that the evidence is legally insufficient to support his conviction because of the absence of direct evidence regarding the manner in which he allegedly inflicted the fatal injury. See Tex. Panel consists of: Wright, C.

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