George Anthony Spratt, Jr. v. the State of Texas

IN THE
TENTH COURT OF APPEALS

No. 10-23-00065-CR

GEORGE ANTHONY SPRATT, JR.,
Appellant
v.

THE STATE OF TEXAS,
Appellee

From the 54th District Court
McLennan County, Texas
Trial Court No. 2020-1482-C2

MEMORANDUM OPINION

Appellant, George Anthony Spratt Jr., was convicted of one count of continuous

trafficking of persons and one count of possession of child pornography. See TEX. PENAL

CODE ANN. §§ 20A.03, 43.26. The jury assessed punishment at fifty years in prison for the

count of continuous trafficking of persons and fifteen years in prison for the count of

possession of child pornography. The trial court ordered the sentences to run

concurrently.
In three issues on appeal, Spratt challenges his convictions, arguing that: (1) this

case should be abated and remanded for the trial court to determine whether he regained

competency before the criminal proceedings resumed following his commitment for

mental-health treatment; (2) the evidence is insufficient to prove that he trafficked a

person either as a principal or as a party; and (3) the trial court abused its discretion by

excluding the testimony of a defense witness. Because we overrule all of Spratt’s issues,

we affirm.

Competency

In his first issue, Spratt asserts that this case must be abated and remanded to the

trial court because the trial court failed to make a determination that he regained

competency before criminal proceedings resumed following his commitment for mental-

health treatment.

APPLICABLE LAW

Pursuant to article 46B.003(b) of the Texas Code of Criminal Procedure, a criminal

defendant is presumed competent to stand trial. See TEX. CODE CRIM. PROC. ANN. art.

46B.003(b). However, once a defendant is found to be incompetent, he is presumed to be

incompetent to stand trial until “it has been determined in accordance with the law that

he is competent to stand trial.” Schaffer v. State, 583 S.W.2d 627, 630 (Tex. Crim. App.

[Panel Op.] 1979); accord Bradford v. State, 172 S.W.3d 1, 4 (Tex. App.—Fort Worth 2005,

no pet.).

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When, as in this case, the head of the state hospital to which a defendant has been

committed notifies the committing court that the defendant has attained competency to

stand trial, the trial court must make a determination regarding the defendant’s

competency and may do so based solely on the hospital report. TEX. CODE CRIM. PROC.

ANN. arts. 46B.080(b)(1), 46B.084(a). If the defendant is found competent to stand trial,

criminal proceedings may be resumed. Id. art. 46B.084(d); see Bradford, 172 S.W.3d at 4-5.

It is well settled that the conviction of an accused person while he is legally incompetent

to stand trial violates due process. Turner v. State, 422 S.W.3d 676, 688 (Tex. Crim. App.

2013).

The record must reflect that the trial court made a determination of competency.

Cooper v. State, 333 S.W.3d 859, 862 (Tex. App.—Fort Worth 2010, pet. ref’d) (citing

Schaffer, 583 S.W.2d 627, 631 (Tex. Crim. App. 1979) (op. on reh’g)). In Schaffer, the Texas

Court of Criminal Appeals explained that the transcript “failed to show us any judgment,

order, docket sheet entry, or other evidence that the court ever made a determination of

competency after the appellant’s return from the State hospital.” Schaffer, 583 S.W.2d at

631. Similarly, in Bradford, the Fort Worth Court of Appeals noted that the record did not

contain any of those items. See Bradford, 172 S.W.3d at 5. Accordingly, the Bradford court

abated the appeal and remanded the case to the trial court to make a judicial

determination regarding competency at the time of the adjudication hearing. Id. at 5-6;

see, e.g., Johnson v. State, Nos 2-05-205-CR & 2-05-206-CR, 2006 Tex. App. LEXIS 8020, at

Spratt v. State Page 3
*17 (Tex. App.—Fort Worth June 22, 2006, order) (not designated for publication) (abating

an appeal and remanding to the trial court to make a judicial determination regarding

appellant’s competency at the time of his trial where the record did not show that the trial

court “made a subsequent written determination finding appellant competent to stand

trial”).1

DISCUSSION

Here, the judgment of conviction expressly states that: “Both parties announced

ready for trial. It appeared to the Court that Defendant was mentally competent to stand

trial. A jury was selected, impaneled, and sworn, and Defendant entered a plea to the

charged offense. The Court received the plea and entered it of record.” The trial court’s

conclusion about Spratt’s competency could have been based on the letter from Chief

Psychiatrist Dr. Pamela Olsson from the North Texas State Hospital-Vernon Campus and

an accompanying “Trial Competency Evaluation” conducted by Licensed Psychologist

Lisa Y. Kan, Ph.D., both of whom concluded that Spratt was competent to stand trial.

1 The Johnson court also rejected arguments that: (1) appellant forfeited his complaint about the
trial court’s failure to make a written determination that he was competent to stand trial by not objecting
in the trial court; and (2) the trial court made an implicit finding that appellant was competent by resuming
the trial. See, e.g., Johnson v. State, Nos. 2-05-205-CR & 2-05-206-CR, 2006 Tex. App. LEXIS 8020, at **16-19
(Tex. App.—Fort Worth June 22, 2006, order) (not designated for publication) (“A trial court’s mere
resumption of a criminal defendant’s trial, without the defendant’s objection, following an adjudication of
incompetency and subsequent notification by the head of the state hospital that the defendant has been
found competent to stand trial, does not suffice as a judicial determination that the defendant has attained
competency to stand trial.” (internal citations omitted)); see also Bradford v. State, 172 S.W.3d 1, 6 (Tex.
App.—Fort Worth 2005, no pet.) (noting that because the trial court has a statutory duty to determine a
criminal defendant’s competency before resuming criminal proceedings against him, a complaint that the
trial court neglected to make this determination cannot be forfeited by the defendant’s failure to raise it in
the trial court).

Spratt v. State Page 4
Neither party objected to Dr. Olsson’s letter or Dr. Kan’s evaluation. Furthermore, the

record reflects that Spratt appeared before the trial court for arraignment on the charges

contained in the indictment. Spratt indicated that he understood what he was charged

with and that he had the right to plead guilty, not guilty, or no contest. At the conclusion

of his conversation with the trial judge, Spratt pleaded not guilty to all the charges against

him. Therefore, considering the record before us, we conclude that the record shows a

determination of Spratt’s competency by the trial judge. See Schaffer, 583 S.W.2d at 631;

Cooper, 333 S.W.3d at 862; Balentine v. State, No. 09-09-00354-CR, 2011 Tex. App. LEXIS

5335, at *3 (Tex. App.—Beaumont July 13, 2011) (concluding that abatement for a finding

from the trial court about the defendant’s competency was not necessary because the

judgment expressly stated that it “appeared to the Court that Defendant was mentally

competent,” and because the trial court observed the defendant communicating with his

attorney), rev’d on other grounds, No. PD-1102-11, 2012 Tex. Crim. App. Unpub. LEXIS 899

(Tex. Crim. App. Sept. 12, 2012) (not designated for publication). As such, “[t]here is no

need to abate the appeal for a finding from the trial court.” Balentine, 2011 Tex. App.

LEXIS 5335, at *3. We overrule Spratt’s first issue.

Exclusion of Testimony of a Defense Witness

In his third issue, Spratt contends that the trial court abused its discretion by

excluding the testimony of defense witness Micah Prather during the guilt-innocence

phase of trial. We disagree.

Spratt v. State Page 5
STANDARD OF REVIEW

We review a trial court’s decision to admit or exclude evidence for an abuse of

discretion. Martinez v. State, 327 S.W.3d 727, 736 (Tex. Crim. App. 2010). A trial court

abuses its discretion if it acts arbitrarily or unreasonably, without reference to any

guiding rules or principles. Montgomery v. State, 810 S.W.2d 372, 380 (Tex. Crim. App.

1990). When considering a trial court’s decision to admit or exclude evidence, we will

not reverse the trial court’s ruling unless it falls outside the “zone of reasonable

disagreement.” Id. at 391; see Manning v. State, 114 S.W.3d 922, 926 (Tex. Crim. App. 2003).

DISCUSSION

Prather testified outside the presence of the jury that co-defendant Willie Davis

was his neighbor. Prather denied knowing or seeing Spratt. Prather also denied ever

seeing Spratt at Davis’s house. However, Prather noted that Davis was aggressive and

put him in a position to commit the offense of indecency with a child for which Prather

was charged. Prather also described an incident where he and Davis gave “each other

massages” while showering together.

The State objected to Prather’s testimony on relevance grounds. Defense counsel

argued that the testimony was relevant to describe Davis’s course of conduct and of what

was going on at the house where the crimes involving Spratt were alleged to have

occurred.

Spratt v. State Page 6
Under Texas Rule of Evidence 401, evidence is relevant if it has any tendency to

make a fact of consequence “more or less probable than it would be without the

evidence.” TEX. R. EVID. 401. “Evidence need not by itself prove or disprove a particular

fact to be relevant; it is sufficient if the evidence provides a small nudge toward proving

or disproving some fact of consequence.” Stewart v. State, 129 S.W.3d 93, 96 (Tex. Crim.

App. 2004).

We find no error in the exclusion of Prather’s testimony. Spratt was charged with

possession of child pornography and continuous trafficking of persons. For the

trafficking charge, Spratt was charged as a principal and under the law of parties. The

fact that Davis was the “leader” in the commission of the offense was not a defense to

either charge. No evidence was presented that Spratt was forced to commit any of his

actions under duress or out of necessity. The fact that Davis took advantage of the close

relationship he had with Prather does not prove or disprove a fact of consequence as to

Spratt. Because Prather’s testimony was not relevant to any issue that was to be decided

by the jury, we cannot say that the trial court abused its discretion by excluding Prather’s

testimony.

And even if it was error to exclude Prather’s testimony, we cannot say that Spratt

was harmed. The admission or exclusion of evidence is non-constitutional error that is

reversible only if that error affected Spratt’s substantial rights to a fair trial. See TEX. R.

APP. P. 44.2(b); Coble v. State, 330 S.W.3d 253, 280 (Tex. Crim. App. 2010). A substantial

Spratt v. State Page 7
right is affected when the error had a substantial and injurious effect or influence in

determining the jury’s verdict. Coble, 330 S.W.3d at 280. But, if the improperly admitted

or excluded evidence did not influence the jury or had but a slight effect upon its

deliberations, such non-constitutional error is harmless. Id. In performing a harm

analysis, we consider “everything in the record, including any testimony or physical

evidence admitted for the jury’s consideration, the nature of the evidence supporting the

verdict, the character of the alleged error and how it might be considered in connection

with other evidence in the case.” Morales v. State, 32 S.W.3d 862, 867 (Tex. Crim. App.

2000); see Schmutz v. State, 440 S.W.3d 29, 39 (Tex. Crim. App. 2014) (“In assessing the

likelihood that the jury’s decision was adversely affected by the error, an appellate court

considers everything in the record. This includes testimony, physical evidence, jury

instructions, the State’s theories and any defensive theories, closing arguments, and voir

dire, if applicable.” (citing Motilla v. State, 78 S.W.3d 352, 355 (Tex. Crim. App. 2002))).

Defense counsel sought to use Prather’s testimony to show Davis’s course of

conduct and, in particular, Davis’s ability to influence Spratt to participate in these

offenses. Spratt called his two sisters, Tanya McDonald and Shelia Clayton, who were

also related to Davis and who testified that Davis was domineering, pushy, and bossy

and that Spratt was a submissive individual. Spratt’s sisters also testified about Spratt’s

traumatic brain injury he sustained when he was a baby and that they thought he would

do whatever Davis told him to do, especially if Davis provided Spratt with alcohol.

Spratt v. State Page 8
Prather’s testimony was substantially similar to or cumulative of the testimony provided

by Spratt’s sisters. See Womble v. State, 618 S.W.2d 59, 62 (Tex. Crim. App. 1981) (“This

court has consistently held reversal is not required by exclusion of evidence where the

same testimony was later admitted without objection.” (internal citations omitted));

Estrada v. State, 313 S.W.3d 274, 302 n.29 (Tex. Crim. App. 2010) (noting that any error

was harmless when “very similar” evidence was admitted without objection); see also

Mitchell v. State, No. 07-22-00359-CR, 2023 Tex. App. LEXIS 5253, at **11-12 (Tex. App.—

Amarillo July 19, 2023, pet. filed) (mem. op., not designated for publication) (“The

standard for the exclusion of cumulative evidence and harmless error dictates that no

harm results when evidence is excluded if other similar evidence is admitted.” (citing

Womble, 618 S.W.2d at 62)).

Additionally, the evidence of Spratt’s guilt is overwhelming. Indeed, he is on

video committing sexual abuse of the victims in this case. Spratt was laughing and

appeared to know what he was doing. There is also sufficient evidence demonstrating

that he possessed child pornography.

When we consider the entire record, as we must when conducting a harm analysis

under Texas Rule of Appellate Procedure 44.2(b), we have fair assurance that any error

in the exclusion of Prather’s testimony did not influence the jury or had but a slight effect.

See TEX. R. APP. P. 44.2(b); see also Coble, 330 S.W.3d at 280. Therefore, we conclude that

any error in the exclusion of Prather’s testimony did not affect Spratt’s substantial rights

Spratt v. State Page 9
and, thus, must be disregarded. See TEX. R. APP. P. 44.2(b). Accordingly, we overrule

Spratt’s third issue.

Sufficiency of the Evidence

In his second issue, Spratt argues that the evidence is insufficient to prove that he

trafficked a person either as a principal or a party.

STANDARD OF REVIEW

The Court of Criminal Appeals has expressed our standard of review of sufficiency

issues as follows:

When addressing a challenge to the sufficiency of the evidence, we consider
whether, after viewing all of the evidence in the light most favorable to the
verdict, any rational trier of fact could have found the essential elements of
the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319,
99 S. Ct. 2781, 61 L.Ed.2d 560 (1979); Villa v. State, 514 S.W.3d 227, 232 (Tex.
Crim. App. 2017). This standard requires the appellate court to defer “to
the responsibility of the trier of fact fairly to resolve conflicts in the
testimony, to weigh the evidence, and to draw reasonable inferences from
basic facts to ultimate facts.” Jackson, 443 U.S. at 319. We may not re-weigh
the evidence or substitute our judgment for that of the factfinder. Williams
v. State, 235 S.W.3d 742, 750 (Tex. Crim. App. 2007). The court conducting
a sufficiency review must not engage in a “divide and conquer” strategy
but must consider the cumulative force of all the evidence. Villa, 514 S.W.3d
at 232. Although juries may not speculate about the meaning of facts or
evidence, juries are permitted to draw any reasonable inferences from the
facts so long as each inference is supported by the evidence presented at
trial. Cary v. State, 507 S.W.3d 750, 757 (Tex. Crim. App. 2016) (citing Jackson,
443 U.S. at 319); see also Hooper v. State, 214 S.W.3d 9, 16-17 (Tex. Crim. App.
2007). We presume that the factfinder resolved any conflicting inferences
from the evidence in favor of the verdict, and we defer to that resolution.
Merritt v. State, 368 S.W.3d 516, 525 (Tex. Crim. App. 2012). This is because
the jurors are the exclusive judges of the facts, the credibility of the
witnesses, and the weight to be given to the testimony. Brooks v. State, 323
S.W.3d 893, 899 (Tex. Crim. App. 2010). Direct evidence and circumstantial
Spratt v. State Page 10
evidence are equally probative, and circumstantial evidence alone may be
sufficient to uphold a conviction so long as the cumulative force of all the
incriminating circumstances is sufficient to support the conviction. Ramsey
v. State, 473 S.W.3d 805, 809 (Tex. Crim. App. 2015); Hooper, 214 S.W.3d at
13.

We measure whether the evidence presented at trial was sufficient
to support a conviction by comparing it to “the elements of the offense as
defined by the hypothetically correct jury charge for the case.” Malik v.
State, 953 S.W.2d 234, 240 (Tex. Crim. App. 1997). The hypothetically
correct jury charge is one that “accurately sets out the law, is authorized by
the indictment, does not unnecessarily increase the State’s burden of proof
or unnecessarily restrict the State’s theories of liability, and adequately
describes the particular offense for which the defendant was tried.” Id.; see
also Daugherty v. State, 387 S.W.3d 654, 665 (Tex. Crim. App. 2013). The “law
as authorized by the indictment” includes the statutory elements of the
offense and those elements as modified by the indictment. Daugherty, 387
S.W.3d at 665.

Zuniga v. State, 551 S.W.3d 729, 732-33 (Tex. Crim. App. 2018).

APPLICABLE LAW

A person commits the offense of continuous trafficking of persons “if, during a

period that is thirty or more days in duration, the person engages two or more times in

conduct that constitutes an offense under section 20A.02 [trafficking of persons] against

one or more victims.” TEX. PENAL CODE ANN. § 20A.03. A person commits trafficking of

persons if the person knowingly “traffics a child . . . and by any means causes the

trafficked child . . . to engage in, or become the victim of, conduct prohibited by . . . Section

21.11 [Indecency with a Child] . . . Section 22.011 [Sexual Assault] . . . Section 22.021

[Aggravated Sexual Assault] . . . Section 43.03 [Promotion of Prostitution] . . . Section 43.25

[Sexual Performance by a Child] . . . or Section 43.26 [Possession or Promotion of Child
Spratt v. State Page 11
Pornography] . . . .” Id. § 20A.02(a)(7)(B)-(D), (F), (I), (K); see also id. §§ 21.11, 22.011, 22.021,

43.03, 43.25, 43.26.

According to the law of parties, each party to an offense may be charged with the

commission of the offense. Id. § 7.01(b). “A person is criminally responsible for an offense

committed by conduct of another if . . . acting with intent to promote or assist the

commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the

other person to commit the offense.” Id. § 7.02(a)(2). When a party is not the “primary

actor,” the State must prove conduct constituting an offense plus an act by the defendant

alone with the intent to promote or assist such conduct. Beier v. State, 687 S.W.2d 2, 3

(Tex. Crim. App. 1985). Evidence may be deemed sufficient to sustain a conviction under

the law of parties if the evidence shows that the defendant was physically present at the

commission of the offense and encouraged the commission of the offense either by words

or other agreement. Miller v. State, 83 S.W.3d 308, 313-14 (Tex. App.—Austin 2002, pet.

ref’d) (citing Urtado v. State, 605 S.W.2d 907, 911 (Tex. Crim. App. 1980); Tarpley v. State,

565 S.W.2d 525, 529 (Tex. Crim. App. 1978)). Circumstantial evidence may suffice to show

that one is a party to the offense. Id. (citing Wygal v. State, 555 S.W.2d 465, 469 (Tex. Crim.

App. 1977)). While mere presence at the scene, or even flight, is not enough to sustain a

conviction, such facts may be considered in determining whether an appellant was a

party to the offense. Id. at 314 (citing Valdez v. State, 623 S.W.2d 317, 321 (Tex. Crim. App.

Spratt v. State Page 12
1981) (op. on reh’g); Guillory v. State, 877 S.W.2d 71, 74 (Tex. App.—Houston [1st Dist.]

1994, pet. ref’d)).

DISCUSSION

On appeal, Spratt complains that the evidence is insufficient to prove the

trafficking element beyond a reasonable doubt either as a principal or a party.

Specifically, Spratt emphasizes that he could not be convicted of continuous trafficking

of persons either as a principal or a party because he never drove the vehicle, paid for

hotels, or contributed anything to the “traffic” element of the offense.

Dr. William Lee Carter testified that the behaviors of Davis and Spratt in this case

constituted grooming of the two children, K.P. and J.P., who were sexually abused.

Specifically, Dr. Carter noted:

No, both—both adults are in it together. And maybe got a lead dog and
somebody that follows his lead. Okay. If that’s the case, they both still
know the difference between right and wrong and they’re taking advantage
of vulnerable young people. In my estimation[,] that’s what was happening
here. You had one person that did a lot of the heavy lifting and the other
one just participated because he was there and wanted to.

Further, both of the child victims in this case testified about Spratt’s active

participation in the offense. J.P. recalled how Spratt was the in the backseat of the car

when Davis picked up J.P. and K.P. to take them to Davis’s house in Hewitt, Texas, or to

hotels. J.P. also testified that Spratt sexually assaulted him in multiple hotel rooms and

multiple times at Davis’s house in Hewitt. Davis recorded the sexual assaults at his house

Spratt v. State Page 13
in Hewitt. Several of the videos show Spratt committing the sexual assaults, smiling at

the camera, and masturbating in front of K.P.

In corroboration of J.P.’s testimony, K.P. recounted seeing Spratt thrusting on J.P.

while J.P. and Spratt were in a bed in a hotel room in Texarkana, Texas. K.P. also noted

that he observed Spratt naked six or seven times and that Spratt would “be freaking right

along with my PawPaw [Davis] . . . .” K.P. clarified that “freaking” meant “doing the

nasty.” Later in his testimony, K.P. stated that Spratt masturbated in front of him while

sitting on a bed in Davis’s house during the summer of 2020. K.P. later learned that many

of the sexual encounters were videotaped. Davis made K.P. watch the videotapes, and

Spratt was in many of the recordings.

Viewing the evidence in the light most favorable to the jury’s verdict, a rational fact

finder could have found beyond a reasonable doubt that Spratt actively participated with

Davis in the common purpose of sexually abusing J.P. and K.P., thereby satisfying the

“traffic” element of the charged offense. See TEX. PENAL CODE ANN. § 20A.03. The fact

that Spratt did not drive the vehicle or paid for the hotel rooms where some of the sexual

abuse occurred is not dispositive because the evidence shows that Spratt engaged in the

grooming, sexual abuse, and exploitation of J.P. and K.P. for more than thirty days in

duration such that Spratt was guilty of the offense of continuous trafficking of persons as

both a principal and a party. See TEX. PENAL CODE ANN. §§ 7.01(b), 7.02(a)(2), 20A.03; see

also Jackson, 443 U.S. at 318-19; Zuniga, 551 S.W.3d at 732-33. Accordingly, we hold that

Spratt v. State Page 14
the evidence is sufficient to support Spratt’s conviction for continuous trafficking of

persons. See TEX. PENAL CODE ANN. § 20A.03; Jackson, 443 U.S. at 318-19; Zuniga, 551

S.W.3d at 732-33. We overrule Spratt’s second issue.

Conclusion

Having overruled all of Spratt’s issues, we affirm the judgments of the trial court.

STEVE SMITH
Justice

Before Chief Justice Gray,
Justice Smith, and
Justice Rose2
(Chief Justice Gray concurs.)
Affirmed
Opinion delivered and filed January 4, 2024
Do not publish
[CRPM]

The Honorable Jeff Rose, Senior Chief Justice (Retired) of the Third Court of Appeals, sitting by
2

assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV’T CODE ANN. §§ 74.003, 75.002,
75.003.

Spratt v. State Page 15