- Court of Appeals of Texas, Second District
- TERRIE LIVINGSTON, CHIEF JUSTICE
A jury convicted appellant of one count of continuous sexual abuse of a child under the age of fourteen (count one) and a separate count of indecency with a child by contact (count five). In accordance with the jury's assessment, the trial court sentenced appellant to forty-five years' confinement on count one and twenty years' confinement on count five. On appeal, appellant challenged the sufficiency of the evidence to support his conviction on count one and the admission of outcry evidence relevant to count one. The court affirmed the conviction of count five for lack of challenge by the appellant, but reversed the conviction of count one holding the evidence was insufficient to support such conviction. The court found that the contact between the parties occurred less than thirty days apart and therefore fall outside the statutory requirement to establish continued sexual abuse. Tex. Penal Code Ann. §21.02(b)-(d). However, the court did find the outcry evidence was sufficient as the statement was more than words which gave a general allusion that something in the area of child abuse was going on. As such, because the evidence was legally insufficient to support the conviction under count one, the court found remand for a new trial on the lesser included offenses was the appropriate remedy to avoid an unjust acquittal.
Joshua C. Hines v. The State of Texas, Fort Worth Court of Appeals, Case No.: 02-15-00468-CR, 05/04/2017
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