Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Gonzalez v. State

Appellant appeals a judgment finding him guilty of sexual assault and aggravated sexual assault. The evidence is sufficient; the indictment is not materially defective; appellant's conviction for sexual assault is not precluded by double jeopardy; the state's jury arguments were proper; and appellant has failed to show any harm from the omission of the witness from the state's notice of intent to introduce extraneous offenses. Therefore, the trial court's judgment is affirmed. Houston's 1st Court of Appeals, Nos. 01-09-00844-CR, 01-09-00845-CR, 03-17-2011

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

Appellant, Dennis Gonzalez, appeals a judgment finding him guilty of sexual assault for penetrating the complainant’s sexual organ and aggravated sexual assault for penetrating the complainant’s anus. See TEX. PENAL CODE ANN.§§ 22.011(a)(1)(A), 22.021(a)(1)(A)(i) (West 2007). In five issues, appellant contends that the evidence establishing aggravated sexual assault is legally and factually insufficient; that the indictment concerning penetration of the complainant’s sexual organ is materially defective; that his conviction for sexual assault of the complainant’s sexual organ was a lesser-included offense of his conviction for aggravated sexual assault of the complainant’s anus and precluded by double jeopardy; that the State employed improper jury arguments; and that the trial court erred by admitting testimony from a witness not listed in the State’s notice of intent to introduce extraneous offenses. We conclude that the evidence is sufficient, that the indictment is not materially defective, that appellant’s conviction for sexual assault is not precluded by double jeopardy, that the State’s jury arguments were proper, and that appellant has failed to show any harm from the omission of the witness from the State’s notice of intent to introduce extraneous offenses. We affirm.

Background

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Legal Innovation Awards 2024
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Go to Events Go to Webcasts
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
ASSOCIATE ATTORNEY-PERTH AMBOY-NJ

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›
Bankruptcy Attorney - New York Metropolitan Area Lawyers

Black Owl Recruiting is looking for a number of qualified applicants to fill positions for a highly reputable client. Recent experience work...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements