Shane Thomas Dowdy A/K/A Shane T. Dowdy v. State
08-15-00061-CR
| Tex. App. | Oct 5, 2016Background
- Defendant Shane (Shane T.) Dowdy was convicted after a bench trial for assault of a family or household member, enhanced by a prior family-assault conviction.
- Victim Shelly Rexrode (his half-sister) testified that on Feb. 2, 2014, she returned to her home around 2 a.m., saw Dowdy holding a long silver metal object, and was struck on the left side of her head.
- Later that evening she saw Dowdy near her property, retrieved a handgun, fired a warning shot, and called police.
- Dowdy testified and claimed an alibi (asleep with his then-girlfriend at the time of the assault) but did not call the girlfriend to corroborate.
- Photographs showed varying head injuries—some appearing as scratches, others showing bleeding—but the judge found Rexrode’s identification and injury evidence sufficient.
- On appeal Dowdy challenged legal sufficiency of the evidence as to identity and the nature of the injury; the court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of evidence to prove identity and assault as described | State: victim’s in-court identification, photos showing head injury, and circumstantial evidence suffice | Dowdy: photos show only superficial "scratching," inconsistent with being struck by a long metal object; alibi uncorroborated but asserted | Affirmed: evidence (identification + injury photos + failure to corroborate alibi) is legally sufficient |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (constitutional standard for legal sufficiency review)
- Clayton v. State, 235 S.W.3d 772 (Texas Crim. App. 2007) (apply Jackson and view evidence in the light most favorable to the prosecution)
- Hooper v. State, 214 S.W.3d 9 (Texas Crim. App. 2007) (cumulative force of circumstances can support conviction)
- Brooks v. State, 323 S.W.3d 893 (Texas Crim. App. 2010) (deference to factfinder on credibility and conflicts in evidence)
- Malik v. State, 953 S.W.2d 234 (Texas Crim. App. 1997) (measure sufficiency by statutory elements as alleged in indictment)