Court of Appeals of Texas, Fourth District, San Antonio
the 187th Judicial District Court, Bexar County, Texas Trial
Court No. 2014CR7580 Honorable Joey Contreras, Judge
Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez,
Justice Liza A. Rodriguez, Justice
PATRICIA O. ALVAREZ, JUSTICE
April 9, 2015, Appellant Donnell Smith was found guilty
of failing to register as a sex offender-repeat offender and
sentenced to two years' confinement in the Institutional
Division of the Texas Department of Criminal Justice,
suspended and probated for a term of two years. On August 16,
2018, after a hearing on the State's second motion to
revoke probation, the trial court found Donnell violated the
terms and conditions of the community supervision,
specifically Condition No. 1. The trial court revoked
Donnell's probation and sentenced him to two years'
confinement in the Texas Department of Criminal Justice.
appeal, Donnell contends (1) the trial court erred in
admitting hearsay testimony, (2) the evidence was
insufficient to support the trial court's finding that
Donnell assaulted Linnea Smith, and (3) the trial court erred
in failing to file the required findings of fact and
conclusions of law. We affirm the trial court's judgment.
and Procedural Background
April 9, 2015, Donnell was found guilty of failing to
register as a sex offender, enhanced to a second-degree
felony by a prior felony, and sentenced to two years'
confinement in the Institutional Division of the Texas
Department of Criminal Justice, suspended and probated for a
term of five years and assessed a $1, 000.00 fine.
27, 2018, the State filed its third motion to revoke
community supervision asserting Smith violated Condition No.
1 of his probation, by committing an assault on June 20,
2018, and Condition No. 10 of his probation, by failing to
pay supervision fees and court costs.
August 16, 2018, the trial court held a hearing on the motion
to revoke community supervision. The State abandoned the
alleged violations related to Condition No. 10 and proceeded
on the sole allegation that Donnell violated Condition No. 1
of the terms of his probation, the alleged June 20, 2018
Motion to Revoke Hearing
Corporal Chad Mandry
Valley Police Department Corporal Chad Mandry testified that
on June 20, 2018, at approximately 4:02 p.m., he responded to
a disturbance call involving physical violence at a Mexican
restaurant. Looking for a male actor driving a red or maroon
Chevy Camaro, Corporal Mandry conducted a traffic stop of a
vehicle, matching the description, and leaving the parking
lot across from the restaurant. Donnell exited the vehicle as
directed by Corporal Mandry. When Corporal Mandry asked
Donnell what happened, Donnell replied,
[he] initially arrived at the location to pick up his child.
[Donnell] discovered his child was not there, [and] became
upset. And that was it. [Donnell] stated no other disturbance
Mandry testified that Donnell was meeting Linnea Smith, but
the officer could not remember if Linnea was Donnell's
wife or girlfriend. Donnell was adamant the exchange was only
verbal in nature and denied laying hands on Linnea. While
Corporal Mandry was speaking to Donnell, Patrol Officer
Johnny Vasquez was at the restaurant talking to Linnea. Based
on the information relayed by Officer Vasquez, Corporal
Mandry placed Donnell under arrest for assault-family
violence, contact and bodily injury.
cross-examination, Corporal Mandry acknowledged Linnea
returned the notification of rights form he provided on the
night in question and declined prosecution of the case.
Patrol Officer Johnny Vasquez Jr.
Vasquez testified that on June 20, 2018, at approximately
4:02 p.m., he responded to a call for an assault in progress.
Officer Vasquez was directed to contact the victim, Linnea
Smith. When the officer arrived,
[Linnea's] face was flushed and kind of reddish looking.
She was teary-eyed as if she had been crying. Her eyes were
still teary as if she had gone through some event.
reported she was eating when Donnell arrived. There was a
verbal disturbance, Donnell grabbed her keys, and then he
walked outside the restaurant. Linnea told the officer that
she followed Donnell outside of the restaurant and
[he] grabbed the back of her-the bun in her hair and began
pulling her. [Linnea] stated she fell while he was stilling
pulling her, but she managed to get back up.
acknowledged Donnell's grabbing her by the hair and
pulling her "caused her pain." On
cross-examination, Officer Vasquez conceded he did not take
any photographs, or see any visible injuries or bruises.
testified she was only present at the hearing under subpoena.
Linnea further testified that she and Donnell were married
and had two children. On June 20, 2018, she and Donnell were
separated, and Linnea was working at the Mexican restaurant.
When Donnell texted her to pick up their son and she refused,
Donnell came to the restaurant. Linnea was eating when
Donnell arrived; she remained adamant about Donnell not
leaving with her son and "he went off." Linnea
explained that Donnell grabbed her phone and walked outside;
she followed because he had her phone. Donnell gave Linnea
the phone but told her "he wasn't done talking to
her" and "grabbed [her] by [her] hair." Linnea
testified that when Donnell pulled her hair, she
"slipped on the rocks."
was still yelling when people started coming out of the
restaurant; he left in his car. Linnea denied calling the
police and refused to cooperate with the officers or press
charges. She was adamant the entire exchange was "a
misunderstanding." Linnea testified she was upset and
being petty by not allowing Donnell to see his son.
questioned by the trial court, Linnea replied she was not
"tender-headed" and it did not hurt when Donnell
pulled her hair. Linnea did acknowledge, however, that ...