Samuel Joel Esparza v. State
12-16-00105-CR
| Tex. App. | Mar 15, 2017Background
- Appellant Samuel Joel Esparza was tried for aggravated sexual assault of S.B., an eight‑year‑old child; jury convicted and sentenced him to life imprisonment.
- Initial outcry: S.B. told her mother Y.B. that Appellant had put his "wiener" in her; Y.B. initially disbelieved the claim.
- Y.B. later testified Appellant (while under influence of K2) confessed to touching S.B.; medical and investigative personnel were notified and a safety plan removed Appellant from the home.
- Pediatric nurse practitioner Jane Riley testified S.B. told her Appellant put his "tee tee" in her private, described a "whitish" fluid, and disclosed anal touching; Riley believed the account despite lack of physical findings.
- At trial S.B. recanted, denying any touching and saying prior statements were untrue; prosecution presented testimony explaining why children may recant or be hesitant in court (forensic interviewer and nurse).
- The jury credited the prosecution witnesses and discredited the recantation; the court of appeals affirmed the conviction on legal sufficiency review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of the evidence to support aggravated sexual assault of a child | State: testimony from S.B.'s earlier statements, Riley, investigators, and corroborating investigative findings suffice to prove penetration/contact beyond reasonable doubt | Esparza: S.B. recanted at trial and remaining evidence raises only suspicion, not proof beyond reasonable doubt | Court: Evidence sufficient; jury entitled to disbelieve recantation and credit prosecution witnesses; conviction affirmed |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for reviewing legal sufficiency of the evidence)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (circumstantial evidence as probative as direct evidence; deference to jury on credibility)
- Chambers v. State, 805 S.W.2d 459 (Tex. Crim. App. 1991) (factfinder decides weight of recantation evidence)
- Chavez v. State, 324 S.W.3d 785 (Tex. App.—Eastland 2010) (conviction can be upheld despite recantations)
