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Click here for the full text of this decision FACTS:Adrian Daniel Guajardo knew D.L., a 15-year-old boy, through the gym Guajardo ran. D.L. was a cheerleader and practiced at the gym. Guajardo told D.L. of a party to be held at the gym. On the night of the party, Guajardo picked up D.L. and took him back to Guajardo’s apartment, where they drank alcohol with Guajardo’s friends and roommate. They went to the party, where there was more alcohol, then returned to Guajardo’s apartment, where they continued to drink. D.L. passed out in Guajardo’s living room, and did not remember anything else until he found himself throwing up in the bathroom. He recalled Guajardo giving him a towel to clean up with, and then either carrying him or leading him to Guajardo’s bed. D.L. woke up again when Guajardo pulled off D.L.’s boxer shorts and performed oral sex on him. Guajardo also put his penis in D.L.’s mouth. D.L. was too intoxicated to move or protest. D.L. woke up again some time later, and phoned his mother to come pick him up, though he didn’t tell her what had happened. D.L.’s mother said that she finally reached Guajardo’s cell phone at midnight, an hour past D.L.’s curfew. Guajardo told the mother that D.L. was sick and intoxicated and recommended that he stay at Guajardo’s apartment. The mother refused, and Guajardo said he would take D.L. to the gym for the mother to pick up D.L. Guajardo never showed up, D.L.’s mother waited at the gym until receiving the call from D.L. D.L. finally told his grandmother about the assault a few months after it happened. The grandmother and mother called the police, and D.L. also recounted how a month before, Guajardo told D.L. that there was a videotape of the incident and that he would show it around school if D.L. didn’t agree to another sexual encounter. Guajardo was charged with sexually assaulting a child. During his trial, Guajardo testified that he had previous convictions for public lewdness, credit card abuse and theft by check. The jury was instructed to consider his prior convictions for impeachment purposes only, and in his closing argument, Guajardo’s attorney stressed that no force was used in the public lewdness incident. Once the jury went into deliberations, a note was sent to the judge asking for the definition of public lewdness. The trial court submitted a correct definition without objection from either party. HOLDING:Affirmed. The court first confirms that the evidence was factually sufficient to prove that Guajardo knowingly and intentionally committed a sexual assault. Though Guajardo points out that D.L. was intoxicated when the assault occurred, and that D.L. was merely worried that his high school coaches would find out about his drinking, the court says those facts go to D.L.’s credibility. It was up to the jury to judge his credibility. As for the trial court’s instruction to the jury on the definition of public lewdness, the court rejects Guajardo’s suggestion that this unduly emphasized the conviction, informed the jury about the specifics of the case and commented on the weight of the evidence. The question of whether the trial court erred by providing the jury with the correct statutory definition of a prior conviction in response to a jury request is one of first impression for the court. Relying on Dodson v. State, 699 S.W.2d 251 (Tex.App. � Tyler 1985, no pet.), the court holds that “when the jury has heard evidence of a prior conviction, providing the jury with a statutorily correct definition of that offense in response to a jury question is not error.” OPINION:Nuchia, J.; Nuchia, Hanks and Higley, JJ.

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