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rational jury to conclude beyond a reasonable doubt (ACL) in the altercation. Appellant was charged
that Appellant committed assault of a public with two counts of assault of a public servant and
servant, we affirm. one count of possession of methamphetamine. At
trial, the State showed two videos. Most of the
At around 9:45 PM on August 12, 2016, Officer action that forms the basis for Appellant’s
William Carper pulled Appellant over for a routine convictions occurred off camera. Accordingly, the
traffic stop in Hunt County, Texas. Carper smelled testimony of the involved officers was heavily
burnt marijuana coming from Appellant’s vehicle relied on throughout the trial. Carper demonstrated
and requested backup. Officer Kendall Reeves the “fight” at trial. As the State points out, the
responded. Upon Carper’s request, Appellant exited record fails to “capture exactly what Carper was
the car and allowed Carper to pat him down. showing the jury[.]” 5 The jury received an
Carper searched the car and found marijuana instruction on resisting arrest; however, they found
remnants and an unlabeled pill bottle. After Appellant guilty of the two counts of assaulting a
inspecting the vehicle, Carper searched Appellant public servant and the possession count. Appellant
again. When Carper asked Appellant to remove his pled true to enhancements and was sentenced to
shoes, Appellant removed his left shoe by sliding fifty years confinement for each assault charge and
the heel off and putting his fingers in the shoe sixty years for the possession charge, to run
while balancing on one leg. Carper grabbed concurrently. On appeal, Appellant argued the
Appellant’s arm to see what he was doing because evidence was insufficient to support his assault
he had never seen anyone remove their shoe in that convictions. Specifically, he argued: (1) the
manner. According to Carper, Appellant then prosecution failed to show he had the requisite
“immediately began resisting” by tensing his arm, mental state for assault of a public servant; and (2)
putting his foot down, and moving his hand (set in it was the officers’ own actions—not his—that
a clenched fist) up and forward above Carper’s caused their injuries. The appellate court disagreed
head. Carper then escalated his use of force as he and found that Appellant, by “struggling” with the
was trained to do. He seized Appellant, and Reeves officers, “disregarded a substantial risk” of bodily
began to assist. According to Carper’s testimony, injury to Reeves and Carper—even if his only
Appellant had “ahold” of Carper and was “pulling intent was to “conceal evidence and prevent his
and jerking.” Reeves pushed against the pair, and arrest[.]”
Appellant was “trying to go between” the officers.
Carper maintained his grip on Appellant and We review the sufficiency of the evidence
planted his outside leg. Carper then felt pain, supporting Appellant’s convictions under the
popping, and grinding in his leg and fell to one Jackson v. Virginia standard. Under this standard,
knee. Reeves performed a “hip throw” on reviewing courts “‘consider all the evidence in the
Appellant, forcing both Appellant and Reeves to light most favorable to the verdict and determine
the ground. Reeves scraped his elbow, drawing whether, based on that evidence and reasonable
blood. About ten seconds elapsed from the time inferences therefrom, a rational juror could have
Appellant took off his shoe to the time he and found the essential elements of the crime beyond a
Reeves fell. Appellant was arrested. The officers reasonable doubt.’” As the reviewing court, we
discovered that he had been holding a clear bag defer to the jury in undertaking their responsibility
containing methamphetamine in his clenched fist. to “‘fairly resolve conflicts in testimony, to weigh
Appellant claimed he was trying to give Carper the the evidence, and to draw reasonable inferences
bag when Carper grabbed him. He also claimed he from basic facts to ultimate facts.’” The Court
did not grab Carper. Carper’s leg began swelling balances this deference to the jury with our duty to
shortly after the incident. A doctor later determined ensure the evidence “actually supports a conclusion
that Carper tore his anterior cruciate ligament that the defendant committed the crime that was
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