Page 31 - November December 2020 TPA Journal

indictment, (emphasis by ed.) so there could not house, she let him return that same day;
have been an agreement to act. • Metcalf put a beaded curtain on Amber’s door,
Having found the evidence insufficient, the court gave her an old cell phone and a whistle, and told
proceeded to consider whether Metcalf’s convic- her to call her, not the police, if Allen tried “some-
tion could be reformed to reflect that she was con- thing”; and
victed of indecency with a child. It concluded that • Even after Metcalf walked in on Allen touching
the conviction could not be reformed because the Amber’s vagina and kicked him out, she allowed
evidence is insufficient to show that Metcalf had him to return, “indicating just how desperate she
the intent to promote or assist the commission of was to cater to Allen’s wishes to keep him happy.”
indecency with a child. According to the court,
Metcalf “did not witness[,] and was never told of Evidence is sufficient to support a conviction if a
any act of indecency with Amber committed by rational jury could find each essential element of
Allen[,] prior to the occurrence of the offense for the offense beyond a reasonable doubt. When
which she was on trial,” and “[a]lthough a jury reviewing the sufficiency of the evidence, we con-
could have concluded that Metcalf was concerned sider all the admitted evidence in the light most
that Allen had sexual desires toward Amber, the favorable to the verdict.. The jury is the sole judge
allegation that Allen tried to pull down Amber’s of the credibility of a witness’s testimony and the
pants fell short of establishing that Allen succeed- weight to assign to that testimony.. This means
ed in the act of pulling down Amber’s pants or that the jury can believe all, some, or none of a
engaged in sexual contact with her.” The court of witness’s testimony. Juries can draw reasonable
appeals also distinguished cases cited by the State, inferences from the evidence so long as each infer-
explaining that the defendants in those cases ence is supported by the evidence produced at
actively encouraged commission of the offense, trial. “[A]n inference is a conclusion reached by
had actual knowledge of the offense, or were considering other facts and deducing a logical
active participants. consequence from them.” The jury is not allowed
The State argues that the court of appeals reached to draw conclusions based on speculation even if
the wrong result because it considered the evi- that speculation is not wholly unreasonable
dence in isolation, dismissing its cumulative because speculation is not sufficiently based on
impact. It agrees that Amber did not tell Metcalf the evidence to support a finding of guilt beyond a
that Allen had been sexually assaulting her until reasonable doubt. “Speculation is mere theorizing
she was 22 years old, but it argues that the evi- or guessing about the possible meaning of facts
dence is nonetheless sufficient to prove the intent and evidence presented.” If the record supports
to promote or assist. Specifically, it cites the fol- contradictory reasonable inferences, we presume
lowing evidence, that the jury resolved the conflicts in favor of the
• Amber testified that she thought that her mother verdict.
was letting the abuse happen because, sometimes The sufficiency of the evidence is measured by
when Allen sexually assaulted her, she would cry comparing the evidence produced at trial to “the
out but her mother did not investigate after Allen essential elements of the offense as defined by the
told her that Amber was having a nightmare; hypothetically correct jury charge.”
• Metcalf did not believe Allen that it was not sex- A hypothetically correct jury charge “accurately
ual when he tried to pull down Amber’s shorts sets out the law, is authorized by the indictment,
while they were jogging; does not unnecessarily increase the State’s burden
• Even though Metcalf did not believe him about of proof or unnecessarily restrict the State’s theo-
the jogging incident and kicked him out of the ries of liability, and adequately describes the par-

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