Mickey Odell Gerald II v. State, 05-14-00596-CR

Appellant Mickey Odell Gerald, former youth minister and choir director, was charged with two offenses: aggravated sexual assault of a child (May 2004) and sexual assault of a child (June 2007).
Victim S.S. testified to multiple incidents: unwanted touching during a 2004 sleepover, an incident in May 2004 in which Gerald removed her clothing and penetrated her, and a June 11, 2007 incident in which Gerald again removed her clothing, put on a condom, and penetrated her.
Forensic testing found seminal fluid on shorts from June 2007; DNA testing indicated Gerald could not be excluded as a contributor to that seminal fluid.
Gerald waived a jury, pled nolo contendere to both counts, and was tried before the court; the court deferred adjudication on the aggravated sexual assault count (10 years community supervision) and assessed six years’ confinement on the sexual-assault count.
On appeal Gerald challenged (1) sufficiency of the evidence to show the offenses occurred and (2) trial court jurisdiction, arguing absence of a written transfer order.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Gerald)	Held
Sufficiency — aggravated sexual assault (May 2004)	S.S.’s testimony describing penetration satisfies art. 1.15 requirement and embraces every essential element.	Evidence insufficient to prove the May 2004 offense occurred.	Affirmed — S.S.’s testimony sufficed to support deferred adjudication.
Sufficiency — sexual assault (June 2007)	S.S.’s testimony and the seminal-fluid DNA evidence embrace every element of the offense.	Evidence insufficient to prove the June 2007 offense occurred.	Affirmed — testimony and forensic evidence sufficient.
Jurisdiction / transfer order	Trial court had jurisdiction; defendant submitted to jurisdiction by appearing and pleading.	Case was not properly transferred due to absence of a written transfer order, so trial court lacked jurisdiction.	Overruled — failure to file a timely plea forfeited the complaint; absence of transfer order is procedural, not jurisdictional.

Fierro v. State, 437 S.W.2d 833 (Tex. Crim. App. 1969) (nolo contendere plea has same legal effect as guilty plea)
O'Brien v. State, 154 S.W.3d 908 (Tex. App.—Dallas 2005) (plea of no contest removes usual appellate sufficiency standards when knowingly and voluntarily entered)
Wright v. State, 930 S.W.2d 131 (Tex. App.—Dallas 1996) (article 1.15 requires State to introduce evidence embracing every essential element for court pleas)
McGill v. State, 200 S.W.3d 325 (Tex. App.—Dallas 2006) (supporting evidence for nolo pleas need not prove guilt beyond a reasonable doubt but must embrace essential elements)
Manuel v. State, 994 S.W.2d 658 (Tex. Crim. App. 1999) (defendants on deferred adjudication may appeal evidentiary sufficiency)
Garcia v. State, 901 S.W.2d 731 (Tex. Crim. App. 1995) (failure to timely raise transfer-order defect results in forfeiture; submission to jurisdiction by plea)
Lamasurier v. State, 91 S.W.3d 897 (Tex. App.—Fort Worth 2002) (absence of written transfer order is procedural, not jurisdictional)
Mills v. State, 742 S.W.2d 831 (Tex. App.—Dallas 1987) (defendant forfeits complaint about lack of transfer order if not timely raised)