Brian Victorian v. State
01-13-01004-CR
| Tex. App. | Feb 18, 2015Background
- Brian Victorian was charged with aggravated sexual assault of a child against his daughter Jane, alleging acts in August 2012 when Jane was 11.
- Victorian is Jane’s biological father and lived with Jane, her mother, and her younger sister in Harris County, Texas.
- Jane testified to multiple incidents where Victorian touched her breasts, buttocks, and genitals and eventually penetrated her vagina with his penis on several occasions.
- Jane disclosed the abuse to friends at school in September 2012, leading to CPS involvement and forensic interviews at the CAC, followed by a medical evaluation.
- The State offered corroborating testimony from Jane’s mother, a CPS investigator, a detective, and a child abuse pediatrician, along with medical records, to establish the pattern and progression of abuse.
- The jury found Victorian guilty, and the trial court sentenced him to 45 years in the Texas Department of Criminal Justice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of the evidence | Victorian | Victorian | Evidence sufficient beyond reasonable doubt |
| Admission of extraneous acts under Article 38.37 and Rule 403 | State | Victorian | Court did not abuse discretion; probative value outweighed prejudice |
| Effect of extraneous evidence on jury harm | State | Victorian | Any error harmless; prejudice not shown to affect substantial rights |
| Waiver/preservation of objections to evidence | State | Victorian | Many objections waived; remaining objections preserved or unresolved issues dismissed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. (1979)) (standard of review for sufficiency of evidence)
- Temple v. State, 390 S.W.3d 341 (Tex. Crim. App. 2013) (circumstantial evidence admissible; weigh credibility of witnesses)
- Geesa v. State, 820 S.W.2d 154 (Tex. Crim. App. 1991) (jury credibility and weighing of conflicting testimony)
- Mechler v. State, 153 S.W.3d 435 (Tex. Crim. App. 2005) (Rule 403 balancing and admissibility of evidence)
- Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1990) (evidence may be admitted with limiting instructions; probative value favored)
- Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (circumstantial and direct evidence; standard of review for sufficiency)