Smith v. State
340 S.W.3d 41
| Tex. App. | 2011Background
- Appellant Jesse James Smith was convicted by a jury of continuous sexual assault of a child and sentenced to 70 years’ imprisonment.
- The indictment alleged two or more acts of abuse during a 30+ day period against a child under 14, starting in summer 2007 and ending around December 2007.
- The complainant, age nine at trial, testified regarding ongoing abuse beginning in summer 2007 and ending when the twins were born around November 28, 2007.
- The twins were born to the complainant’s mother and appellant on November 28, 2007; the last alleged act occurred around December 15, 2007.
- The State presented testimony that the abuse occurred over at least 85 days; the mother testified to events described as occurring over the last summer.
- Appellant challenged the sufficiency of the evidence, a jury instruction that purportedly assumed an element, and the trial court’s exclusion of text and voicemail impeachment evidence; the court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for two acts over 30 days | Smith | Smith | Evidence sufficient to prove 30+ day period |
| Jury instruction correctly required 30+ days | Smith | Smith | Instruction error harmless |
| Exclusion of impeachment text/voicemail evidence | Smith | Smith | No abuse of discretion; exclusion upheld |
Key Cases Cited
- Jackson v. State, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency standard for evidence)
- Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1984) (egregious harm standard for challenged jury charges)
- Williams v. State, 305 S.W.3d 886 (Tex. App.-Texarkana 2010) (continuous sexual abuse elements; duration requirement)
- Dixon v. State, 201 S.W.3d 731 (Tex. Crim. App. 2006) (concerning course of conduct for continuous sexual abuse)
- Bazanes v. State, 310 S.W.3d 32 (Tex. App.-Fort Worth 2010) (erroneous application paragraph not egregiously harmful with proper framing)