Raymond Odom, Jr. v. State ( 2014 )

IN THE
TENTH COURT OF APPEALS
No. 10-12-00059-CR
RAYMOND ODOM, JR.,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court
Navarro County, Texas
Trial Court No. 32,741
MEMORANDUM OPINION
In four issues, appellant, Raymond Keith Odom, Jr., challenges his convictions
for sexual assault of a child, a second-degree felony. See TEX. PENAL CODE ANN. §
22.011(a)(2)(A), (f) (West 2011). We affirm.
I. BACKGROUND
Here, appellant was charged by indictment with two counts of sexual assault of a
child, stemming from incidents allegedly perpetrated against A.J., a child younger than
seventeen years of age, on May 20 and 21, 2009. The State later provided notice of its
intent to enhance punishment with appellant’s prior felony conviction for burglary of a
habitation.
At the conclusion of the evidence, the jury found appellant guilty on both counts.
Appellant pleaded true to the enhancement allegation, and the trial court sentenced
appellant to twenty-five years’ confinement in the Institutional Division of the Texas
Department of Criminal Justice on both counts. Moreover, the trial court cumulated the
imposed sentences and certified appellant’s right of appeal in this matter. This appeal
followed.
II. APPELLANT’S RIGHT TO CONFRONT WITNESSES
In his first issue, appellant contends that the trial court violated his constitutional
right to confront witnesses. Specifically, appellant argues that the trial court erred by
excluding evidence that A.J. “had made prior allegations of the exact same nature
against a number of other people.”
A. Applicable Law
We review a trial court’s decision to exclude evidence for an abuse of discretion.
Martinez v. State, 327 S.W.3d 727, 736 (Tex. Crim. App. 2010). A trial court abuses its
discretion only if its decision is “so clearly wrong as to lie outside the zone within
which reasonable people might disagree.” Taylor v. State, 268 S.W.3d 571, 579 (Tex.
Crim. App. 2008). A trial court does not abuse its discretion if any evidence supports its
decision. See Osbourn v. State, 92 S.W.3d 531, 538 (Tex. Crim. App. 2002). We will
uphold the trial court’s evidentiary ruling if it was correct on any theory of law
applicable to the case. See De La Paz v. State, 279 S.W.3d 336, 344 (Tex. Crim. App. 2009).
Odom v. State Page 2
The Sixth Amendment right to confront witnesses “includes the right to cross-
examine witnesses to attack their general credibility, or to show their possible bias, self-
interest, or motives in testifying.” Hammer v. State, 296 S.W.3d 555, 561 (Tex. Crim. App.
2009). Generally, the Texas Rules of Evidence permit a defendant to “cross-examine a
witness for his purported bias, interest, and motive without undue limitation or
arbitrary prohibition.” Id. at 563; see TEX. R. EVID. 613(b) (providing for impeachment of
a witness by evidence of alleged bias or interest in favor or against a party); see also
Billodeau v. State, 277 S.W.3d 34, 42-43 (Tex. Crim. App. 2009) (“The possible animus,
motive, or ill will of a prosecution witness who testified against the defendant is never a
collateral or irrelevant inquiry, and the defendant is entitled, subject to reasonable
restrictions, to show any relevant fact that might tend to establish ill feeling, bias,
motive, interest, or animus on the part of any witness testifying against him.”);
Carpenter v. State, 979 S.W.2d 633, 634 (Tex. Crim. App. 1998) (“Exposing a witness’
motivation to testify for or against the accused or the State is a proper and important
purpose of cross-examination.”). The scope of permissible cross-examination is
“necessarily broad.” Carroll v. State, 916 S.W.2d 494, 497 (Tex. Crim. App. 1996). “A
defendant is entitled to pursue all avenues of cross-examination reasonably calculated
to expose a motive, bias[,] or interest for the witness to testify.” Id.
This broad scope of cross-examination does not mean, however, “that a
defendant can explore every possible line of inquiry.” Smith v. State, 352 S.W.3d 55, 64
(Tex. App.—Fort Worth 2011, no pet.). “[T]rial judges retain wide latitude . . . to impose
reasonable limits on such cross-examination based on concerns about, among other
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things, harassment, prejudice, confusion of the issues, the witness’ safety, or
interrogation that is repetitive or only marginally relevant.” Delaware v. Van Arsdall, 475
U.S. 673, 679, 106 S. Ct. 1431, 1435, 89 L. Ed. 2d 674 (1986); see also Hammer, 296 S.W.3d at
561 (“This right is not unqualified, however; the trial judge has wide discretion in
limiting the scope and extent of cross-examination.”).
Generally, Texas Rule of Evidence 412 does not permit reputation or opinion
evidence of a complaining witness’s past sexual behavior in a criminal trial for sexual
assault. See TEX. R. EVID. 412. The exceptions are when evidence (1) is necessary to
rebut or explain scientific or medical evidence offered by the State, (2) is of past sexual
behavior with the accused and is offered by the accused upon the issue of whether the
alleged victim consented to the charged sexual behavior, (3) relates to the motive or bias
of the alleged victim, (4) is admissible under Rule 609, pertaining to impeachment by
evidence of conviction of a crime, or (5) is constitutionally required to be admitted. See
id. at R. 412(b)(2)(A)-(E). Even if the evidence falls under one of the five listed
exceptions, its probative value must still outweigh the danger of unfair prejudice. See
id. at R. 412(b)(3); see also id. at R. 403.
When a state procedural rule does not satisfactorily permit the defense to attack
the credibility of a witness, the rule must give way to the constitutional right. See Davis
v. Alaska, 415 U.S. 308, 319-20, 94 S. Ct. 1105, 1111-12, 39 L. Ed. 2d 347 (1974). The
Constitution, however, does not confer a right in every case to impeach the general
credibility of a witness through cross-examination about prior instances of conduct. See
id. at 321, 94 S. Ct. at 1112-13 (Stewart, J., concurring); see also Wheeler v. State, 79 S.W.3d
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78, 88 (Tex. App.—Beaumont 2002, no pet.). Nor does the Constitution confer upon a
defendant an absolute “right to impeach the general credibility of a witness in any
fashion that he chooses.” Hammer, 296 S.W.3d at 562.
“[A] defendant may always offer evidence of a pertinent trait—such as
truthfulness—of any witness.” Id. at 563. But the witness’s general character for
truthfulness may be shown only through reputation or opinion testimony. See id.; see
also TEX. R. EVID. 608(a). “A witness’s general character for truthfulness or credibility
may not be attacked by cross-examining him (or offering extrinsic evidence) concerning
specific prior instances of untruthfulness.” Hammer, 296 S.W.3d at 563. In fact, the
Hammer Court stated that: “Prior false allegations of rape do not tend to prove or
disprove any of the elements of the charged sexual offense.” Id. at 564. “If, however,
the cross-examiner offers evidence of a prior false accusation of sexual activity for some
purpose other than a propensity attack upon the witness’s general character for
truthfulness, it may well be admissible under our state evidentiary rules.” Id. at 565.
B. Discussion
Here, appellant complains that he was prevented from introducing into evidence
and cross-examining witnesses about recanted prior accusations made by A.J.
Appellant also complains that the trial court prevented him from cross-examining
witnesses regarding A.J.’s accusations against her cousin Tommy.
After the direct-examination of A.J., but prior to cross-examination, the trial court
held a hearing outside the presence of the jury to determine whether appellant was
entitled to cross-examine A.J. regarding other sexual-abuse allegations she has made.
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During the hearing, A.J. acknowledged that she has been treated two or three times at
psychiatric hospitals. Later, she was asked about prior allegations she made against her
father, brother, and Tommy. A.J. admitted that she did recant the allegation against her
brother. She also testified that she never made an accusation against her father and that
the allegation against Tommy was true. Jessica Singletarry, formerly a Family-Based
Safety Services caseworker for the Department of Family and Protective Services, was
questioned about the CPS report in which she stated that A.J. had told her that
appellant and Tommy had got her drunk and performed oral sex on her. Singletarry
mentioned that A.J. was not mentally coherent when she made these allegations.
Singletarry commented that A.J.’s statements were illogical. Singletarry did not testify
regarding A.J.’s purported allegations against her father and brother.
At the conclusion of the hearing, the trial court determined that appellant could
cross-examine A.J. about the recanted allegation against her brother, but he could not
cross-examine A.J. regarding the allegation against Tommy. And because appellant
asserted that he would be calling witnesses to prove the falsity of the claims, the trial
court did not make a determination regarding A.J.’s purported allegation against her
father.
Texas Rule of Evidence 608(b) provides that: “Specific instances of the conduct
of a witness, for the purpose of attacking or supporting the witness’ credibility, other
than conviction of crime as provided in Rule 609, may not be inquired into on cross-
examination of the witness nor proved by extrinsic evidence.” See TEX. R. EVID. 608(b).
The record clearly establishes that appellant’s defensive theory at trial was to attack
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A.J.’s credibility by presenting evidence of her prior accusations of sexual abuse and her
mental-health issues.1 Moreover, appellant never made a showing that A.J.’s allegation
against Tommy was false.2 See Lopez v. State, 18 S.W.3d 220, 226 (Tex. Crim. App. 2000)
(“Without proof that the prior allegation was false or that the two accusations were
similar, the evidence fails to have any probative value in impeaching [complainant’s]
credibility in this case. For these same reasons, the risk that this evidence would
unduly prejudice and confuse the jury was high.”); see also Hammer, 296 S.W.3d at 569
n.4. Furthermore, the trial court allowed appellant to cross-examine witnesses
regarding A.J.’s recantation of her accusation against her brother, thus undermining
appellant’s complaint in this issue. In fact, appellant asked questions of subsequent
witnesses about A.J.’s accusations against her brother. Therefore, based on the
foregoing, we cannot say that the trial court’s decision to deny appellant the
opportunity to cross-examine witnesses about A.J.’s accusation of sexual assault against
Tommy was an abuse of discretion. See TEX. R. EVID. 608(b); Hammer, 296 S.W.3d at 562-
1 Indeed, appellant’s counsel argued the following at the in-camera hearing:
To show that those are stories that are inconsistent and that are consistent with—with my
theory of the case, which is that because of mental health issues or because of her desires
to do something different from time to time that she would—that she would fabricate,
and that’s the crux of the entire case, Your Honor, and if I’m not permitted to question
the witness—the complaining witness about these various stories, then I’m left unable to
establish the most important aspects of this case, which clearly are the credibility of the
complaining witness . . . .
2 Furthermore, we do not believe that A.J.’s allegations against Tommy are similar to the charged
offenses in this case. Specifically, A.J. testified during the in-camera hearing that Tommy got her drunk,
forced her to do a keg stand, and performed oral sex on her. Here, appellant is charged with penetrating
A.J.’s vagina with his penis on two different occasions, neither of which involved Tommy.
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65; Lopez, 18 S.W.3d at 226; see also Martinez, 327 S.W.3d at 736; Taylor, 268 S.W.3d at 579;
Osbourn, 92 S.W.3d at 538. Accordingly, we overrule appellant’s first issue.
III. EXCLUSION OF A.J.’S MEDICAL RECORDS
In his second issue, appellant asserts that the trial court abused its discretion by
excluding exculpatory evidence allegedly contained in A.J.’s medical records from the
Green Oaks State Hospital.
During a hearing outside the presence of the jury, appellant sought to introduce
the mental-health records of A.J. from Green Oaks State Hospital, which were obtained
by A.J.’s aunt, Tammy Jackson, who is appellant’s mother. Included with the records
was a release signed by Tammy that appellant argued allowed Tammy to obtain the
records from the medical provider. The trial court noted that the previous testimony
revealed that, although she had lived with Tammy previously, A.J. was in the custody
of CPS at the time the records were obtained by Jackson. The trial court excluded the
records, stating a concern that admitting the records would constitute a violation of The
Health Insurance Portability and Accountability Act (“HIPAA”). See THE HEALTH
INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996, Pub. L. No. 104-191 (codified as
amended at 42 U.S.C. § 1301).
On appeal, appellant does not cite any authority to support his contention that
the trial court improperly excluded A.J.’s medical records under HIPAA. Accordingly,
we conclude that this issue has been inadequately briefed. See TEX. R. APP. P. 38.1.
Nevertheless, even if the issue had been adequately briefed, we do not believe
that the trial court abused its discretion by excluding A.J.’s medical records from Green
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Oaks State Hospital. The record demonstrates that several witnesses, including A.J.,
described A.J.’s mental-health issues. Indeed, Jessica Singletarry testified that A.J. had a
chronic history of running away from home and that A.J. was diagnosed with bipolar
disorder and major depression. Singletarry also mentioned that A.J. “was very
incoherent at times” and would “kind of say things that didn’t make sense.” A.J.
admitted that she had cut herself and that she had been hospitalized for mental-health
issues in the past. A.J.’s foster mom noted that A.J. has a lot of emotional problems for
which she is seeing a therapist and a psychiatrist and taking medication. Kristi Skaines,
a forensic interviewer for the Advocacy Center for Crime Victims and Children,
testified that A.J. told her that she was bipolar and schizophrenic and that she took
medication for her mental-health issues. Lori Wilson, an investigator and supervisor
for child protective services, stated that A.J. had been hospitalized at the Green Oaks
State Hospital, a psychiatric hospital, just before the alleged incidents occurred.
Debbie Trower, a social-service worker for The Bair foundation, testified that she
has been A.J.’s social worker for two years and that A.J. is “a really troubled girl.”
Trower further testified that A.J. would cut herself on her arm where it could be seen
and that her behaviors had escalated to the point that she needed to be sent to a
residential-treatment center. Trower recounted that a residential-treatment center “is a
place where we sent kids that are showing aggressive behaviors or they’re harming
themselves or they’re trying to attempt suicide or things like that, and it’s a facility to
where it’s—it’s locked down.” A.J. remained at the residential-treatment center for
seven months. Trower denied that A.J. has been suicidal, but she did state that A.J. can
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get verbally and physically aggressive when she is not taking her medications. On
cross-examination, Trower acknowledged that A.J. had multiple hospitalizations for
mental-health issues. Vicky Dickson, A.J.’s child protective services caseworker,
recounted A.J.’s extensive mental-health history, including hospitalizations at the
Hickory Trails Psychiatric Hospital and a residential-treatment center called New Life
in Canyon Lake, Texas. Morgan Jackson, a licensed professional counselor, also spoke
about A.J.’s mental-health issues.
Clearly, the record contains ample evidence documenting A.J.’s mental-health
issues. The admission of A.J.’s medical records would arguably be cumulative of the
testimony listed above and, thus, warrant exclusion under Texas Rule of Evidence 403.
See TEX. R. EVID. 403 (“Although relevant, evidence may be excluded if its probative
value is substantially outweighed by the danger of unfair prejudice, confusion of the
issues, or misleading the jury, or by considerations of undue delay, or needless
presentation of cumulative evidence.”). Given that we uphold the trial court’s
evidentiary ruling if it was correct on any theory of law applicable to the case, see De La
Paz, 279 S.W.3d at 344, even if appellant had adequately briefed the issue, we could not
conclude that the trial court abused its discretion by excluding A.J.’s medical records
from Green Oaks State Hospital. See Martinez, 327 S.W.3d at 736; see also Taylor, 268
S.W.3d at 579. As such, we overrule appellant’s second issue.
IV. DEFINITION OF “REASONABLE DOUBT”
In his third issue, appellant contends that the trial court erred by not instructing
the jury on the definition of “reasonable doubt.”
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In Paulson v. State, the Court of Criminal Appeals stated that “the Constitution
neither prohibits trial courts from defining reasonable doubt nor requires them to do so
as a matter of course.” 28 S.W.3d 570, 573 (Tex. Crim. App. 2000) (citing Victor v.
Nebraska, 511 U.S. 1, 5, 114 S. Ct. 1239, 1243, 127 L. Ed. 2d 583 (1994)). The Paulson Court
further noted:
Citing Jackson v. Virginia, the Court concluded, indeed, so long as the court
instructs the jury on the necessity that the defendant’s guilt be proved
beyond a reasonable doubt, the Constitution does not require that any
particular form of words be used in advising the jury of the government’s
burden of proof. It is ill-advised for us to require trial courts to provide
the jury with a redundant, confusing, and logically-flawed definition
when the Constitution does not require it, no Texas statute mandates it,
and over a hundred years of pre-Geesa Texas precedent discourages it.
We specifically overrule that portion of Geesa which requires trial
courts to instruct juries on the definition of beyond a reasonable doubt.
We also overrule Reyes. We find that the better practice is to give no
definition of reasonable doubt at all to the jury.
Id. (internal quotations & footnotes omitted). The Court of Criminal Appeals reiterated
this holding in Mays v. State, 318 S.W.3d 368, 389 (Tex. Crim. App. 2010).
Appellant has not cited any authority specifically holding that it is error for the
trial court to not provide a definition of reasonable doubt; instead, he relies heavily on
Justice Ginsberg’s concurrence in Victor. See 511 U.S. at 23-28, 114 S. Ct. at 1252-54.
Furthermore, appellant does not cite authority demonstrating that Victor, Paulson, and
Mays are no longer good law. Therefore, because the aforementioned cases are binding
on this Court, we reject appellant’s assertion that the trial court erred in failing to
Odom v. State Page 11
provide the jury with a specific definition of reasonable doubt.3 See Victor, 511 U.S. at 5,
114 S. Ct. at 1243; Mays, 318 S.W.3d at 389; Paulson, 28 S.W.3d at 573; see also Casarez v.
State, 913 S.W.3d 468, 475 n.10 (Tex. Crim. App. 1994) (“As judges on this honorable
Court, we are bound to apply the United States Constitution as interpreted by the
Supreme Court; we do not have the luxury or the liberty to ignore binding precedent.”);
McKinney v. State, 177 S.W.3d 186, 192 (Tex. App.—Houston [1st Dist.] 2005), aff’d, 207
S.W.3d 366 (Tex. Crim. App. 2006) (stating that an intermediate appellate court must
follow binding precedent of the Court of Criminal Appeals). We overrule appellant’s
third issue.
V. SUFFICIENCY OF THE EVIDENCE
In his fourth issue, appellant argues that the evidence supporting his convictions
is insufficient. We disagree.
A. Applicable Law
In Lucio v. State, 351 S.W.3d 878, 894 (Tex. Crim. App. 2011), the Texas Court of
Criminal Appeals expressed our standard of review of a sufficiency issue as follows:
In determining whether the evidence is legally sufficient to support a
conviction, a reviewing court must consider all of the evidence in the light
most favorable to the verdict and determine whether, based on that
evidence and reasonable inferences therefrom, a rational fact finder could
have found the essential elements of the crime beyond a reasonable doubt.
Jackson v. Virginia, 443 U.S. 307, 318-19, 99 S. Ct. 2781, 61 L. Ed. 2d 560
(1979); Hooper v. State, 214 S.W.3d 9, 13 (Tex. Crim. App. 2007). This
“familiar standard gives full play to the responsibility of the trier of fact
fairly to resolve conflicts in the testimony, to weigh the evidence, and to
draw reasonable inferences from basic facts to ultimate facts.” Jackson, 443
3The court’s charge instructed the jury on the necessity that appellant’s guilt be proved beyond a
reasonable doubt. See Paulson v. State, 28 S.W.3d 570, 573 (Tex. Crim. App. 2000).
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U.S. at 319. “Each fact need not point directly and independently to the
guilt of the appellant, as long as the cumulative force of all the
incriminating circumstances is sufficient to support the conviction.”
Hooper, 214 S.W.3d at 13.
Id.
Our review of "all of the evidence" includes evidence that was properly and
improperly admitted. Conner v. State, 67 S.W.3d 192, 197 (Tex. Crim. App. 2001). And if
the record supports conflicting inferences, we must presume that the factfinder resolved
the conflicts in favor of the prosecution and therefore defer to that determination.
Jackson, 443 U.S. at 326, 99 S. Ct. at 2793. Furthermore, direct and circumstantial
evidence are treated equally: “Circumstantial evidence is as probative as direct
evidence in establishing the guilt of an actor, and circumstantial evidence alone can be
sufficient to establish guilt.” Hooper, 214 S.W.3d at 13. Finally, it is well established that
the factfinder is entitled to judge the credibility of the witnesses and can choose to
believe all, some, or none of the testimony presented by the parties. Chambers v. State,
805 S.W.2d 459, 461 (Tex. Crim. App. 1991).
The sufficiency of the evidence is measured by reference to the elements of the
offense as defined by a hypothetically correct jury charge for the case. Malik v. State, 953
S.W.2d 234, 240 (Tex. Crim. App. 1997). A hypothetically-correct jury charge does four
things: (1) accurately sets out the law; (2) is authorized by the indictment; (3) does not
unnecessarily increase the State’s burden of proof or unnecessarily restrict the State’s
theories of liability; and (4) adequately describes the particular offense for which the
defendant was tried. Id.
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To satisfy the elements of sexual assault of a child in this case, the State was
required to prove that appellant intentionally or knowingly penetrated the sexual organ
of A.J., a child under seventeen at the time of the incidents, with his sexual organ. See
TEX. PENAL CODE ANN. § 22.011(a)(2)(A).
B. Discussion
Ordinarily, the testimony of a child victim is sufficient to support a conviction for
sexual assault. See TEX. CODE CRIM. PROC. ANN. art. 38.07 (West Supp. 2013); Perez v.
State, 113 S.W.3d 819, 838 (Tex. App.—Austin 2003, pet. ref’d), overruled in part on other
grounds by Taylor v. State, 268 S.W.3d 571 (Tex. Crim. App. 2008); Karnes v. State, 873
S.W.2d 92, 96 (Tex. App.—Dallas 1994, no pet.); see also Dale v. State, Nos. 10-11-00380-
CR, 10-11-00381-CR, 2012 Tex. App. LEXIS 3127, at **24-25 (Tex. App.—Waco Apr. 18,
2012, pet. ref’d) (mem. op., not designated for publication). Further, courts give wide
latitude to the testimony given by child victims of sexual abuse. See Villalon v. State, 791
S.W.2d 130, 134 (Tex. Crim. App. 1990) (en banc). “The victim’s description of what
happened to [her] need not be precise, and [she] is not expected to express [herself] at
the same level of sophistication as an adult.” Ozuna v. State, 199 S.W.3d 601, 606 (Tex.
App.—Corpus Christi 2006, no pet.) (citing Villalon, 791 S.W.2d at 134).
Testimony at trial established that A.J. was fourteen years old when the incidents
occurred. A.J. recalled that she would occasionally go to appellant’s apartment to help
him babysit his daughter. A.J. testified that because appellant’s apartment was close to
her school, she would stay the night at appellant’s apartment and walk to school the
next day. According to A.J., in May 2009, appellant gave her alcohol, and after
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appellant’s daughter went to sleep, appellant got on top of A.J. while she was lying on
the couch. Thereafter, appellant began “undoing” A.J.’s belt buckle and eventually took
off A.J.’s pants and pulled her panties to her ankles. A.J. recounted that appellant
subsequently took off his shorts. A.J. testified that appellant initially put his fingers in
her vagina “to make it loose.” After about a minute of doing this, appellant put his
penis inside A.J.’s vagina and began “moving up and down.” Appellant stopped when
he noticed that A.J. was bleeding. A.J. then put on a pad, pulled up her pants and
panties, and went to sleep. She went to school the next day. After school, A.J. returned
to appellant’s apartment to help take care of his daughter. A.J. testified that appellant
had sex with her again.
In any event, appellant contends that the evidence is insufficient to support his
convictions because A.J. made prior allegations against other family members, and
because A.J.’s testimony at trial was inconsistent and differed from her prior statements.
The record reflects that, on cross-examination, A.J. was unable to recall the second
instance of sexual assault and testified that no sex occurred on the second day; however,
when questioned on re-direct, A.J. testified that the answers she gave on cross-
examination were based upon what she remembered at the time of trial and not what
she had written in her statement given to police, wherein she alleged a second sexual
encounter. She later testified on re-direct that she had sex with appellant on two
occasions. Several other witnesses testified that A.J.’s outcry about the two instances of
sex with appellant remained consistent and that she never recanted these allegations.
Odom v. State Page 15
With regard to this evidence, we note that it is within the province of the
factfinder, the jury here, to judge the credibility of the witnesses. See Chambers, 805
S.W.2d at 461. This means that the jury was entitled to believe all, some, or none of the
testimony presented by the parties. See id. And because it is within the province of the
jury, we are to defer to the jury’s resolution of conflicts in the evidence. See Jackson, 443
U.S. at 329, 99 S. Ct. at 2792-93; see also Lancon v. State, 253 S.W.3d 699, 706 (Tex. Crim.
App. 2008); Render v. State, 316 S.W.3d 846, 859 (Tex. App.—Dallas 2010, pet. ref’d) (“An
appellate court must give deference to a jury’s decision regarding what weight to give
contradictory testimonial evidence because the decision is most likely based on an
evaluation of credibility and demeanor, which the jury is in a better position to judge.”).
With its guilty verdict, the jury resolved any conflicts in A.J.’s testimony and prior
statements in favor of the prosecution. Therefore, based on the foregoing case law, and
given the wide latitude given to the testimony of child victims of sexual abuse, we defer
to the jury’s resolution of the facts. See Jackson, 443 U.S. at 329, 99 S. Ct. at 2792-93; see
also Lancon, 253 S.W.3d at 706; Chambers, 805 S.W.2d at 461; Render, 316 S.W.3d at 859.
With regard to appellant’s contention regarding A.J.’s purported prior
allegations against other family members, the record shows that appellant offered no
evidence to show that any of the allegations against her father or her cousin Tommy
were false. See TEX. R. EVID. 608(b); Hammer, 296 S.W.3d at 562-65; Lopez, 18 S.W.3d at
226. Thus, as mentioned earlier, appellant was prevented from asking A.J. about those
accusations. See TEX. R. EVID. 608(b); Hammer, 296 S.W.3d at 562-65; Lopez, 18 S.W.3d at
226. And to the degree that A.J.’s prior allegations of sexual abuse are relevant, we once
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again note that this amounts to a conflict in the evidence that was within the province of
the jury to resolve. See Jackson, 443 U.S. at 329, 99 S. Ct. at 2972-93; see also Lancon, 253
S.W.3d at 706; Chambers, 805 S.W.2d at 461; Render, 316 S.W.3d at 859.
Viewing the evidence in the light most favorable to the jury’s verdict, we
conclude that a rational juror could have concluded that appellant intentionally or
knowingly caused the penetration of A.J.’s vagina with his penis on two different
occasions, as alleged in the indictment, and that A.J. was fourteen years old at the time
of the incidents. See TEX. PENAL CODE ANN. § 22.011(a)(2)(A); see also Jackson, 443 U.S. at
318-19, 99 S. Ct. at 2788-89; Hooper, 214 S.W.3d at 13. Accordingly, we hold that the
evidence is sufficient to support appellant’s convictions for sexual assault of a child. See
TEX. PENAL CODE ANN. § 22.011(a)(2)(A); see also Jackson, 443 U.S. at 318-19, 99 S. Ct. at
2788-89; Lucio, 351 S.W.3d at 894; Hooper, 214 S.W.3d at 13. We overrule appellant’s
fourth issue.
VI. CONCLUSION
Having overruled all of appellant’s issues on appeal, we affirm the judgments of
the trial court.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Affirmed
Opinion delivered and filed May 8, 2014
[CRPM]
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