Gregory Pollock v. State
405 S.W.3d 396
Tex. App.2013Background
- Pollock convicted of continuous sexual abuse of a young child and sentenced to life without parole.
- Mary, the child victim, made initial allegations in 2009–2010 but recanted multiple times.
- Evidence included confessions, nude photographs, texts, and witness testimony about abuse, plus expert testimony on recantation.
- Indictment initially tracked the statute and alleged aggravated sexual assault and/or sexual performance; amended to specify means of committing the offense.
- Trial court allowed amendment; the State stated the amended indictment gave sufficient notice and enabled defense preparation.
- Pollock preserved no challenge to the sentence; the court treated the issue as forfeited and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for continuous sexual abuse | Pollock | State | Evidence sufficient; rational jury could find two acts over 30+ days. |
| Indictment’s notice under continuity statute | Pollock | State | Amended indictment provided sufficient notice; proper amendment allowed. |
| Jury unanimity under continuous sexual abuse statute | Pollock | State | Unanimity required on the series of acts, not on each act; no nonunanimous verdict. |
| Constitutionality of maximum punishment not preserved | Pollock | State | forfeited for lack of trial-court objection; affirm. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for evaluating sufficiency of evidence)
- Ngo v. State, 175 S.W.3d 738 (Tex. Crim. App. 2005) (unanimity requirements in Texas criminal trials)
- Landrian v. State, 268 S.W.3d 532 (Tex. Crim. App. 2008) (unanimity on same offense theories allowed)
- McMillian v. State, 388 S.W.3d 866 (Tex. App.—Houston [14th Dist.] 2012) (unanimity on series of acts as single element)
- Clement v. State, 248 S.W.3d 791 (Tex. App.—Fort Worth 2008) (disjunctive manner and means permitted for same offense)