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De La Paz v. State

The trial court erred in admitting certain hearsay evidence over Oscar Pena De La Paz's objection that its admission would violate his 6th Amendment right to confront the witnesses against him. Court of Criminal Appeals, No. PD-1168-07.

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Holcomb, J., delivered the opinion of the Court, in which Meyers, Price, Johnson, Hervey, and Cochran, JJ., joined. Keasler, J., concurred in the result. Keller, P.J., and Womack, J., dissented.

The trial court admitted certain hearsay evidence over appellant’s objection that its admission would violate his Sixth Amendment right to confront the witnesses against him. On direct appeal, the court of appeals held that the trial court did not err in admitting the evidence. We now reverse and remand.

On October 18, 2005, a Nolan County grand jury returned an indictment charging appellant with two counts of aggravated sexual assault of a child under Texas Penal Code § 22.021(a)(1)(B)(i). Count one of the indictment alleged that appellant penetrated the child’s female sexual organ with his finger, and count two alleged that he penetrated her sexual organ with his penis.

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