Matute, Jose Godinez
PD-1617-14
| Tex. App. | Mar 3, 2015Background
- Appellant Jose Godinez Matute (in his 20s) was convicted by a Travis County jury of aggravated sexual assault of an 11‑year‑old child and sentenced to 30 years' imprisonment. The Third Court of Appeals affirmed.
- Victim B.A. testified she got into a black car with Matute, that he drove to hotels, and that they had sex outside a parking lot; she identified Matute at trial. A sexual‑assault nurse found recent genital injuries and a hickey.
- Physical and forensic evidence included a condom wrapper found at the scene with a right‑thumb latent print later identified as Matute’s, pubic hair and DNA testing consistent with Matute, and phone records linking Matute’s number to calls with the victim’s family.
- Matute testified and denied penetration, admitting only kissing; he argued the victim was inconsistent and had prior sexual encounters with others.
- On appeal Matute raised multiple claims; the court of appeals addressed two: (1) legal sufficiency of the evidence, and (2) whether the trial court erred by permitting testimony about an interrogation instead of requiring admission of the interrogation video (best‑evidence rule).
Issues
| Issue | Matute's Argument | State's Argument | Held |
|---|---|---|---|
| Legal sufficiency of evidence to prove he "intentionally or knowingly" committed aggravated sexual assault of a child | Matute argued the evidence was inconsistent, victim made conflicting statements, and other perpetrators were implicated, so no rational juror could find guilt beyond a reasonable doubt | The State argued the victim’s testimony, nurse’s findings, forensic evidence (DNA/hair/fingerprint), phone records, and admissions supported a rational verdict | Affirmed — viewing the evidence in the light most favorable to the verdict, a rational trier of fact could find every element beyond a reasonable doubt |
| Best‑evidence rule: trial court should have required admission of the interrogation video instead of allowing Detective Bonilla to testify about it | Matute argued the video was the best evidence and its admission could have shown repeated denials that would have affected the jury | The State and trial court relied on precedent allowing participants/observers to testify about recorded events; testimony from an officer who participated was sufficient | Affirmed — no abuse of discretion; participant testimony could properly describe the interrogation without the recording being admitted |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for legal‑sufficiency review)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (appellate review must consider combined and cumulative force of all evidence)
- Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (deference to factfinder resolving conflicting inferences)
- Burdine v. State, 719 S.W.2d 309 (Tex. Crim. App. 1986) (participant/observer testimony can satisfy best‑evidence concerns about recordings)
- United States v. Fagan, 821 F.2d 1002 (5th Cir. 1987) (best‑evidence rule inapplicable where a participant/testifying witness describes conversation)
