Canaday v. State

OPINION

WALKER, Chief Justice.

This appeal results from a conviction for the offense of Injury to a Child, a felony of the first degree. Appellant pleaded not guilty and was found to be guilty by a jury of his peers. Appellant elected to also have the jury assess punishment and on May 1, 1991, the jury assessed punishment against appellant at forty-five (45) years confinement in the Institutional Division of the Texas Department of Criminal Justice.

Factually, appellant was the boyfriend of co-defendant Jacqueline Spradlin. Co-defendant Spradlin was the mother of the victim, Sara Spradlin. Two…