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Lange v. State

Appellant's first issue overruled where jury's findings were not so contrary to the overwhelming weight of the evidence as to be unjust although there were some conflicts in the complainant's telling of the incidents, in the medical evidence and in the psychological testimony indicating that the appellant did not have tendencies to molest children.

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Appellant Del Eugene Lange appeals from his convictions of two counts of aggravated sexual assault and the resulting punishment on each count of confinement for 35 years in the Institutional Division of the Department of Criminal Justice. Finding no reversible error, we affirm the judgment of the trial court.

In six issues, he contends (1) the evidence was factually insufficient to support the verdict, (2) the trial court erred by overruling his objection to improper closing argument, which struck at appellant over the shoulders of his counsel, (3) the trial court erred in overruling his objection to improper closing argument, which interjected the prosecutor’s personal opinion regarding the veracity of the alleged victim, (4) the trial court erred in overruling his objections to improper closing argument, which asserted that defense counsel was diverting the jury from the truth, (5) the cumulative effect of the State’s closing argument requires reversal, and (6) the trial court erred in allowing the alleged victim to testify at trial by way of closed circuit television.

In his first issue, appellant challenges the factual sufficiency of the evidence to support his conviction. The standard by which we review the factual sufficiency of the evidence is well known. See Clewis v. State, 922 S.W.2d 126, 129 (Tex.Crim.App. 1996). In making our review, we must remember that the trier of fact is the sole judge of the weight and credibility of the testimony, and we may not substitute our judgment for that of the jury. Santellan v. State, 939 S.W.2d 155, 165 (Tex.Crim.App. 1997).

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