Benito Pena Jr. v. State
05-16-00331-CR
| Tex. App. | Apr 26, 2017Background
- Appellant Benito Pena Jr. began living with the victim’s mother in late 2013; the victim (MC) was 16 when the relationship started.
- Appellant asked MC to wear pantyhose (no underwear) to school, inspected them when she returned, and on multiple occasions sexually assaulted her (digital, oral, vaginal intercourse, and forced oral sex), often after marijuana or alcohol use.
- Appellant photographed MC in the pantyhose; he told her not to tell anyone and threatened that disclosure would "ruin our lives."
- MC disclosed the abuse in spring 2015 after appellant and her mother separated; police and a child‐advocacy interviewer recorded MC’s detailed, emotional account.
- Forensic testing of a pair of pantyhose with a ripped crotch recovered from MC showed MC’s skin cells and appellant’s semen; DNA matches were described as essentially unique.
- A jury convicted appellant of four counts of sexual assault of a child and two counts of indecency with a child (sentences ranging 10–16 years for assaults, 5 years for indecency); appellant appealed alleging insufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support convictions | State: MC’s testimony, forensic evidence, investigator and CAC interview support convictions | Pena: evidence not credible; allegations influenced by grandmother, motive to fabricate after breakup | Affirmed — viewed evidence in light most favorable to verdict; jury reasonably believed MC and forensic evidence |
| Credibility of complainant and motive to fabricate | State: corroboration (DNA, multiple consistent accounts) supports credibility | Pena: grandmother allegedly encouraged false claims; family financial/relationship motives to lie | Affirmed — credibility is for jury; conflicts resolved against appellant |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Wilson v. State, 448 S.W.3d 418 (Tex. Crim. App. 2014) (applies Jackson standard in Texas)
- Montgomery v. State, 369 S.W.3d 188 (Tex. Crim. App. 2012) (jury is sole judge of credibility and weight of evidence)