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Family Law Click here for the full text of this decision The daycare director’s testimony and appellant’s confession show that the appellate engaged in sexual contact. FACTS:Z.L.B., a 12-year-old boy, was adjudicated as having engaged in delinquent conduct by committing indecency with a child, his 5-year-old brother. Z.L.B. admitted in a written statement that he’d pulled his brother’s pants down and touched his “private.” That statement was entered into evidence. The director at the brother’s daycare also testified that on two separate occasions, the brother told her Z.L.B. was “touching his privates ” and that he wanted it to stop. However, the brother later said he was lying. The 5th Court of Appeals originally held that the evidence against Z.L.B. was sufficient but that certain evidence was improperly admitted as hearsay. The Supreme Court reversed and remanded. HOLDING:Affirmed. The court finds the evidence sufficient, despite the fact that the little brother said he lied, to establish that Z.L.B. engaged in sexual contact with the intent to arouse and gratify his own sexual desires. The court also holds that Z.L.B.’s confession was properly entered into evidence. At the hearing on Z.L.B.’s motion to suppress the statement, the magistrate who gave Z.L.B. his statutory and constitutional warnings testified he believed appellant was aware of his rights when he gave his statement. Z.L.B. did not testify, so it was not error for the trial court to conclude that Z.L.B.’s statement was made voluntarily. OPINION:Morris, J.; Morris, Moseley and FitzGerald, JJ.

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