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Chapman v. State

Appellant was convicted of two counts of sexual assault of a child (counts One and Two) and five counts of indecency with a child (counts three through seven). Because there is no evidence of the offense alleged in count four, the evidence is legally insufficient to support appellant's conviction for that count. Appellant complains that the prosecutor engaged in improper jury argument in three instances. Regarding the prosecutor's attempt to explain the law as to extraneous offense evidence, a response to opposing counsel's argument is an appropriate argument. Regarding the prosecutor's reference to him as a pedophile, he failed to object at trial, and further, the comment was a reasonable deduction from the evidence. Finally, appellant failed to preserve error based on the prosecutor referring to him as a liar. The appellant objects to extraneous offense evidence admitted at the punishment phase. Because the offense had been dismissed by motion of the state, neither double jeopardy nor collateral estoppel bar the state from introducing evidence of the offense. A judgment of acquittal is rendered on count four; all other counts are affirmed. Eastland Court of Appeals, No. 11-09-00265-CR, 08-31-2011.

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