Leachman, Matthew James AKA Hootman, Perry ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. PD-0517-05

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MATTHEW JAMES LEACHMAN, Appellant

v.

THE STATE OF TEXAS

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ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE FIRST COURT OF APPEALS HARRIS COUNTY

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   The opinion was delivered per curiam.

O P I N I O N

A jury found Appellant guilty of aggravated sexual assault and the court sentenced him to 40 years in prison. The Court of Appeals affirmed. Leachman v. State, No. 01-98-01255-CR (Tex. App. - Houston [1^st Dist.], delivered April 8, 2004). Appellant filed a petition for discretionary review contending, inter alia, that the Court of Appeals erred in its review of his fourth point of error. Appellant argued below that three different portions of the victim's testimony should have been admitted to attack the victim's credibility, and the evidence was admissible under Evidence Rule 412(b)(2)(E). The Court of Appeals did not address Appellant's argument and instead found the evidence inadmissible under Evidence Rule 412(b)(2)(C).

The Court of Appeals overruled Appellant's claim without addressing his argument that the evidence was admissible under Rule 412(b)(2)(E). Therefore, we summarily grant ground three of Appellant's petition for discretionary review. Appellant's remaining grounds for review are dismissed without prejudice. The judgment of the Court of Appeals is vacated and the case is remanded to the Court of Appeals to reconsider Appellant's fourth point of error.

DATE DELIVERED: November 9, 2005

DO NOT PUBLISH