Page 31 - TPA Journal November December 2022

In this case, the jury heard evidence that after from which a rational jury could infer that the
Carper grabbed Appellant’s arm, Appellant tensed abuse began on or before June 26, 2018. There was
up, jerked his hand in a clenched fist forward and evidence that the abuse began when the victim’s
above Carper’s head, grabbed Carper, pulled and brother went to jail and that he went to jail
jerked, and tried to go between the officers. “around” June 10, 2018. The court of appeals
Although the jury could have interpreted these concluded that a rational jury could only speculate
movements as reflexive responses to Carper and from this evidence that the abuse began on or
Reeves’s use of force, the jury also could have before June 26. We disagree and hold that a
viewed the evidence—including the testimony from rational jury could have inferred it from the
Reeves and Carper and Carper’s demonstration of evidence.
the altercation—and rationally decided that
Appellant’s motions were voluntary. The Testimony
The victim’s sister testified as follows about when
We find the evidence sufficient to uphold their brother (known as “Dayday”) went to jail:
Appellant’s convictions for assault of a public Q. In June of – maybe June 10th , give or take, did
servant. The jury was able to judge the credibility Dayday get arrested and end up in the Bowie
of both officers involved in the altercation. County jail?
Moreover, the jury witnessed a demonstration of A. Yes, ma’am. The victim testified about when the
Appellant’s actions which the record cannot abuse began as follows:
capture. A rational jury could have found that Q. When Dayday moved out and Cornell was still
Appellant voluntarily and consciously disregarded staying at the house, did he start doing things to
the risk of bodily injury to Carper and Reeves you that were not right.
when he participated in the altercation. Further, A. Yes. * * *
Appellant was criminally responsible for the Q. When did he start coming into the room and
injuries Carper and Reeves sustained. We affirm the doing those things to you? A. When my brother
judgment of the court of appeals. went to jail. * * *
Q. So, [Mary], just to be clear, he started coming in
Spillman, Jr. v. State, Tex. Crim. App., No PD- your room when Dayday went to jail; is that right?
0695-20, March 30, 2022 A. Yes.
*****************************************
************************************* Sheriff’s investigator Dustin Thompson testified as
follows about when the brother went to jail:
EVIDENCE – Abuse of child Q. The period of time alleged in the indictment, the
on or about date, June 10th , 2018 through July
Appellant was convicted of continuous sexual 28th , 2018. The testimony in this courtroom in
abuse of a child. Holding that the evidence was front of this jury is that the abuse started in June
insufficient to support the conviction, the court of when Dayday went to jail, okay?
appeals reversed the judgment. The question in this A. Correct. * * *
case is whether the State proved that Appellant’s Q. And, in fact, did you confirm that Dayday went
sexual abuse of the victim occurred over a period to jail and was incarcerated around that time in
of thirty days or more.1 Everyone agrees that there 2008[sic]?
is evidence that the last instance of abuse occurred A. Yes, ma’am. * * *
on July 26, 2018, two days before the child was Q. Okay. So from June 10th, 2018 to July 28th,
examined by medical personnel. For the evidence 2018, that was a period of time 30 days or more in
to be sufficient to show a period of abuse of thirty duration; is that correct?
days or more, then, there must be some evidence A Correct. * * * Q. Okay. Those dates, when

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