Hernandez-Palomares v. State of Texas, 08-15-00312-CR (TexApp Dist 09/27/2017)
Following a bench trial, appellant was convicted of the lesser-included offense of aggravated sexual assault of a child, and sentenced to serve a twenty-five year prison term. Appellant presented two evidentiary issues for appeal: (1) admission of certain outcry testimony; and (2) the evidence presented was legally insufficient to support his conviction. For qualifying offenses, the outcry hearsay exception applied to statements made by a victim to the first person eighteen years of age or older that described the alleged offense. Tex. Code Crim. Proc. Ann. art. 38.072, §2(a)(3). Despite appellant contending the school counsel was the proper outcry witness, the court affirmed holding the forensic investigator revealed more details concerning elements of the alleged offense and, therefore, was properly designated as the outcry witness. Although the court noted that notice of the outcry witness's statements was lacking, there was no indication of actual surprise and similar evidence was admitted; respondent's failure to provide notice was harmless. Finally, the court found the testimony and evidence presented was sufficient for a rational trier of fact to find beyond a reasonable doubt that appellant sexually assaulted the complainant, who was then a child under fourteen years of age. Any of the child's inability to recollect prior statements given did not diminish the legal sufficiency of the remaining evidence. Accordingly, the court affirmed appellant's conviction. Jorge Luis Hernandez-Palomares v. The State of Texas, El Paso Court of Appeals, Case No.: 08-15-00312-CR, 09/27/2017
|October 12, 2017 at 12:00 AM
Thank you for sharing!
Your article was successfully shared with the contacts you provided.
This premium content is locked for Texas Lawyer subscribers only.
Subscribe now to enjoy unlimited access to Texas Lawyer content,
5 free articles* across the ALM Network every 30 days,
Exclusive access to other free ALM publications
And exclusive discounts on ALM events and publications.
*May exclude premium content Already have an account? Sign In Now
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to email@example.com to learn more.
As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters.
Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss.
Tailored just for you. In your inbox. Every day.