Cantu, Robert Anthony
PD-0232-15
Tex.Apr 2, 2015Background
- This is a criminal appeal from a two-count sexual assault case where the jury convicted on count II (digital penetration) and acquitted on count I (oral contact).
- A.M. was 14 years old at the time and testified about the alleged assaults at the Cantu residence.
- Two police detectives testified that they found A.M. credible, which the State later conceded was error.
- There was little physical evidence supporting the charges, and the defense cross-examined A.M. extensively.
- The trial court admitted the officers’ credibility testimony, the defense objected, and the jury returned a mixed verdict (guilty on count II, not guilty on count I).
- On appeal, the Eighth Court of Appeals affirmed, holding the error harmless; this Court grants discretionary review to assess that ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the erroneous testimony about the victim’s credibility was harmless | Cantu contends the error was not harmless given lack of corroboration | State argues the error was harmless despite the absence of corroboration | Harmless error; conviction affirmed |
Key Cases Cited
- Schutz v. State, 63 S.W.3d 442 (Tex. Crim. App. 2001) (admission of credibility testimony can be harmless when other evidence supports credibility)
- Barshaw v. State, 342 S.W.3d 91 (Tex. Crim. App. 2011) (juror credibility instructions do not render improper bolster harmless in all cases)
- Rhodes v. State, 308 S.W.3d 6 (Tex. App. – Eastland 2009) (harmless when other evidence supports credibility; acquittal on one count can show impact of error was not dispositive)
- Arzaga v. State, 86 S.W.3d 767 (Tex. App. – El Paso 2002) (inadequate harmfulness assessment when jury had other evidence to assess credibility)
