Israel Huerta v. State
05-14-00293-CR
| Tex. App. | Jan 21, 2015Background
- Huerta was convicted of aggravated sexual assault of a child based on N.G., who was 11 at the time of the alleged act.
- The jury assessed punishment at 18 years’ imprisonment.
- This Court modified the judgment to remove improper language and affirmed as modified.
- Medical evidence showed hymenal tear and penetration consistent with the alleged assault.
- The victim’s testimony, corroborated by medical findings and witness accounts, supported the conviction.
- The State’s motion to strike the “plus fear” theory was granted by the trial court and the judgment was incorrect as written.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of the evidence | Huerta | Huerta | Evidence supported conviction beyond a reasonable doubt |
| Judgment modification to remove 'plus fear' | Huerta | State | Judgment modified to delete 'plus fear' language; as modified, affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (standard for legal sufficiency review; jury credibility prerogative)
- Tear v. State, 74 S.W.3d 555 (Tex. App.—Dallas 2002) (child-victim testimony can support conviction)
- Villalon v. State, 791 S.W.2d 130 (Tex. Crim. App. 1990) (child-victim testimony need not have adult clarity)
- Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (jury credibility assess taken from witness testimony)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (standard for reviewing evidence in light most favorable to verdict)
- Bigley v. State, 865 S.W.2d 26 (Tex. Crim. App. 1993) (judgment modification procedures under Rule 43.2(b))
- Asberry v. State, 813 S.W.2d 526 (Tex. App.—Dallas 1991) (case on judgment modification)