Cass Anova BROWN, Appellant, v. STATE of Texas, Appellee
2012 Tex. App. LEXIS 5164
| Tex. App. | 2012Background
- The jury convicted Kylie Michell a/k/a Kylie Brown of continuous sexual abuse of a young child or children.
- The victims were Angela Green (11) and Adam Green (under 14); Cass Brown was a codefendant.
- Appellant is the stepmother; Cass Brown was tried jointly and also convicted.
- The State sought life imprisonment; punishment was assessed by the trial court.
- The State must prove three elements under Tex. Penal Code §21.02(b) for continuous sexual abuse.
- Court affirms the conviction on all issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for 30+ days period | Michell argues no evidence of 30+ days | State shows multiple acts over time | Evidence sufficient; 30+ days proven by record |
| Admission of outcry witnesses | Betancourt not proper outcry witness; Betancourt testimony improper | Betancourt qualifies as outcry witness under Art. 38.072 | Court did not abuse discretion; Betancourt proper outcry witness for Angela |
| Failure to give lesser included offense instructions | Indecency with a child, aggravated sexual assault, and sexual performance by a child are included | No rational juror could convict only of lesser offenses | No error; lesser included offenses not valid rational alternatives |
Key Cases Cited
- Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1991) (abuse of discretion standard for outcry evidence)
- Sims v. State, 12 S.W.3d 499 (Tex. Crim. App. 1999) (how, when, and where details satisfy outcry requirements)
- Garcia v. State, 792 S.W.2d 88 (Tex. Crim. App. 1990) (outcry witness admissibility and description of offense)
- Hall v. State, 225 S.W.3d 524 (Tex. Crim. App. 2007) (test for lesser-included offenses; first and second prongs)
- Williams v. State, 305 S.W.3d 886 (Tex. App.—Texarkana 2010) (two acts of abuse over 30+ days; proof requirements)