Milton Pavon v. State
01-16-00076-CR
| Tex. | May 11, 2017Background
- Victim K.P., an 11-year-old girl, visited Milton Pavon’s home to play with neighborhood children; later that day she returned home upset and reported she had been sexually assaulted at the Pavon residence.
- K.P. told a sexual-assault nurse examiner and later testified that Pavon licked her ear, pulled her pants down, touched her vagina, and attempted to insert his penis into her anus; she said it hurt.
- The nurse examiner found tears on K.P.’s anus consistent with attempted anal penetration; swabs were taken from K.P.’s ear and anus.
- Forensic testing matched Pavon’s DNA to the swab from K.P.’s ear; a single sperm cell was observed on the anal swab but no DNA profile could be obtained from it.
- Pavon testified that he denied the assault and claimed K.P. was angry because he would not let her ride his four-wheeler; the jury convicted him of aggravated sexual assault of a child and assessed 85 years’ imprisonment.
- On appeal, Pavon challenged the legal sufficiency of the evidence that his sexual organ contacted K.P.’s anus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Pavon’s sexual organ contacted K.P.’s anus | State: K.P.’s testimony, consistent contemporaneous statement to the nurse, physical injuries, and ear DNA support conviction | Pavon: Only K.P.’s testimony and a nurse’s report support contact; conflicting defense testimony and inability to DNA-profile the sperm cell undermine proof | The court affirmed: viewing evidence in the light most favorable to verdict, evidence was legally sufficient to prove contact beyond a reasonable doubt |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for legal-sufficiency review)
- Malik v. State, 953 S.W.2d 234 (Tex. Crim. App. 1997) (use hypothetically correct jury charge to measure sufficiency)
- Chambers v. State, 805 S.W.2d 459 (Tex. Crim. App. 1991) (jury may accept or reject any witness testimony)
- Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007) (appellate court may not reweigh credibility)
- Johnson v. State, 419 S.W.3d 665 (Tex. App.—Houston [1st Dist.] 2013) (child’s uncorroborated testimony can support sexual-assault conviction)
- Eubanks v. State, 326 S.W.3d 231 (Tex. App.—Houston [1st Dist.] 2010) (sufficiency of evidence for sexual-assault convictions)