Saxton v. State

In Saxton v. State, 804 S.W.2d 910, 914 (Tex. Crim. App. 1991), the Court explained the burdens involved in a defense under Penal Code section 2.03 and the proper analysis under a legal sufficiency challenge. The Court said a defendant bears the burden of production, which requires the production of some evidence that supports the particular defense. Id. at 913. Once the defendant produces such evidence, the State then bears the burden of persuasion to disprove the raised defense. Id. at 913-14. The burden of persuasion is not one that requires the production of evidence, rather it requires only that the State prove its case beyond a reasonable doubt. Id. at 913. When a jury finds the defendant guilty, there is an implicit finding against the defensive theory. Id. at 914.