Raymond Arrendondo Moreno v. State
2013 Tex. App. LEXIS 8744
| Tex. App. | 2013Background
- Moreno was convicted of a first degree felony, continuous sexual abuse of a child, and sentenced to life in prison.
- A deputy stopped Moreno for traffic violations on Interstate 10 after observing lane violations and furtive conduct by occupants.
- A thirteen-year-old female passenger (the complainant) identified the driver and stated Moreno had sex with her multiple times over about a year.
- Forensic interviews and exams showed vaginal abrasions; condoms with Moreno’s and the complainant’s DNA were found, and Moreno’s cell phone contained nude photos of the complainant.
- Photos and dates shown at trial indicated acts of sexual abuse occurred over a period of 30+ days; the State relied on the photographs to corroborate testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of equal-protection challenge to stop | Moreno: stop violated equal protection based on race | State: not preserved; motion raised only detention duration | Not preserved; no reversible error |
| Admission of nude photographs under Rule 403 | Moreno: photos are unfairly prejudicial and duplicative | Moreno: photos probative and needed to prove dates | Not an abuse of discretion; admissible |
Key Cases Cited
- Simmons v. State, 288 S.W.3d 72 (Tex. App.—Houston [1st Dist.] 2009) (preservation of suppression grounds; trial objections required)
- Galitz v. State, 617 S.W.2d 949 (Tex. Crim. App. 1981) (requirement of specific grounds to preserve suppression issues)
- Saldano v. State, 70 S.W.3d 873 (Tex. Crim. App. 2002) (waiver where no timely, specific objection raised)
- Wilson v. State, 71 S.W.3d 346 (Tex. Crim. App. 2002) (objections must comport with trial ground)
- Davis v. State, 947 S.W.2d 240 (Tex. Crim. App. 1997) (test for reasonable suspicion and detention duration)
- Florida v. Bostick, 463 U.S. 591 (Sup. Ct. 1983) (context for stop-and-frisk legality and reasonable duration)
- St. George v. State, 237 S.W.3d 720 (Tex. Crim. App. 2007) (articulable facts required for continued detention)
- Wheeler v. State, 67 S.W.3d 879 (Tex. Crim. App. 2002) (credibility and corroboration in sexual offense cases)
- Casey v. State, 215 S.W.3d 870 (Tex. Crim. App. 2007) (evidence weighing under Rule 403 balancing factors)
- Gigliobianco v. State, 210 S.W.3d 637 (Tex. Crim. App. 2006) (Rule 403 balancing framework)
- Manning v. State, 114 S.W.3d 922 (Tex. Crim. App. 2003) (photographic evidence probative and not unduly prejudicial)
- Gaytan v. State, 331 S.W.3d 218 (Tex. App.—Austin 2011) (lay comprehension of photographic evidence relation to offense)
- Shuffield v. State, 189 S.W.3d 782 (Tex. Crim. App. 2006) (admission of contested evidence; abuse of discretion standard)
- Smith v. State, 340 S.W.3d 41 (Tex. App.—Houston [1st Dist.] 2011) (continuity and corroboration in sexual offense cases)