Alejandro Morales Calles v. State
14-14-00696-CR
| Tex. | Sep 24, 2015Background
- Appellant Alejandro Morales Calles was convicted of aggravated sexual assault of a child for digitally penetrating 10‑year‑old M.G. at his home on July 27, 2012; jury sentenced him to five years imprisonment.
- M.G. reported the assault to her father the evening of the incident; police referred her to the Children’s Assessment Center where she described digital penetration.
- At trial M.G. testified she moved to a loveseat next to appellant while other children watched a movie; she said appellant put his hands in her pants and used two fingers that moved "back and forth."
- Appellant denied the allegations and argued the living‑room layout and presence of five other children made the assault impossible and that M.G. gave inconsistent statements.
- The jury credited M.G.’s testimony; on appeal appellant challenged the legal sufficiency of the evidence.
- The Fourteenth Court of Appeals affirmed, holding a child complainant’s testimony alone can support conviction and that the jury reasonably resolved credibility conflicts in the State’s favor.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Calles) | Held |
|---|---|---|---|
| Legal sufficiency of evidence for aggravated sexual assault of a child | M.G.’s trial testimony (and CAC interview) described intentional digital penetration of a child under 14; that testimony alone can support conviction | Evidence was insufficient because the room layout, appellant’s position, and presence of other children made the assault physically unlikely or impossible | Affirmed — viewing evidence in the light most favorable to the verdict, a rational jury could find guilt beyond a reasonable doubt |
| Credibility and inconsistencies in complainant’s statements | The jury was entitled to believe M.G. despite minor inconsistencies; credibility is for the jury | Inconsistent statements about a belt, reasons for moving couches, and level of detail create reasonable doubt | Affirmed — inconsistencies went to weight, not legal sufficiency; jury reasonably resolved conflicts in favor of the State |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for sufficiency review)
- Gear v. State, 340 S.W.3d 743 (Tex. Crim. App. 2011) (apply Jackson standard; view evidence in light most favorable to verdict)
- Isassi v. State, 330 S.W.3d 633 (Tex. Crim. App. 2010) (deference to jury on credibility and weight)
- Muniz v. State, 851 S.W.2d 238 (Tex. Crim. App. 1993) (courts do not reweigh evidence in sufficiency review)
- Jensen v. State, 66 S.W.3d 528 (Tex. App.—Houston [14th Dist.] 2002) (child complainant’s testimony alone can support sexual‑assault conviction)
- Newby v. State, 252 S.W.3d 431 (Tex. App.—Houston [14th Dist.] 2008) (no medical or physical corroboration required)
- Garcia v. State, 563 S.W.2d 925 (Tex. Crim. App. 1978) (same—victim’s testimony can suffice)
- Lancon v. State, 253 S.W.3d 699 (Tex. Crim. App. 2008) (jury decides credibility; appellate court defers)
- Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (presume jury resolved conflicting inferences for prevailing party)
- Dewberry v. State, 4 S.W.3d 735 (Tex. Crim. App. 1999) (appellate courts must not act as thirteenth juror)
