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Glover v. State

A statement that is simply a narrative of past acts or events is distinct from an excited utterance and does not qualify under Texas Rule of Evidence 803(2) regardless of how soon after the event it is made.

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OPINION

On June 5, 2000, Troy Shonnard Glover was convicted of sexual assault of a child pursuant to Tex. Pen. Code Ann. � 22.011 (Vernon Supp. 2002). The jury assessed punishment, enhanced by a previous felony conviction, at twelve years’ imprisonment. In five points of error, Glover complains the evidence was both factually and legally insufficient to support his conviction. Glover further complains that hearsay testimony was erroneously admitted and that this amounted to a violation of his confrontation rights under the United States and Texas Constitutions.

The issue at trial was whether Glover, age twenty-six, *fn1 had sexual relations with A. H., the fourteen-year-old complainant. A. H. filed a complaint with the Beaumont police on May 14, 1999, but was unavailable to testify when the case was tried. *fn2 The issues in this appeal are centered primarily around the admission of hearsay statements of the complainant, A. H., as related in court by her mother, Diane.

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