Background

• Appellant Sylvanus Rene challenges a sexual assault of a child conviction; evidence included printouts from a MySpace profile admitted over objections; trial punishment phase included gang evidence and tattoos; appellant pled guilty to a firearm offense and faced extraneous-offense testimony; the jury imposed 65 years and $10,000 fine; appellate standard is abuse-of-discretion with harmless-error review.
• Complainant was 16 when the conduct occurred in February 2008; the MySpace profile showed gang symbols and potential link to appellant; deputy authenticated tattoos and photographs used to establish gang membership.
• The State offered MySpace printouts to prove gang affiliation and signs; defense objected to predicate, authorship, alteration, timing, and prejudice; trial court admitted the prints.
• The State introduced corroborating tattoo photographs authenticated by deputies; testimony linked tattoos to Bloods and other gang symbols; evidence also included weapons seen in photos and extraneous offenses.
• Court held any error in admitting MySpace prints harmless in light of overwhelming admissible evidence of gang membership and weapons, and other stronger evidence admitted without objection.

Issues

Key Cases Cited

• Tienda v. State, 358 S.W.3d 633 (Tex. Crim. App. 2012) (circumstantial authentication of social-networking profiles)
• Estrada v. State, 313 S.W.3d 274 (Tex. Crim. App. 2010) (harmless error when other evidence supports conviction)
• Motilla v. State, 78 S.W.3d 352 (Tex. Crim. App. 2002) (harmless-error standard for nonconstitutional error)
• Solomon v. State, 49 S.W.3d 356 (Tex. Crim. App. 2001) (harmless-error considerations in appellate review)