Understand this: Character Analysis Of A Jury Of Her Peers
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Court of Appeals of Texas, Houston 14th Dist. December 21, Denninger, Houston, for Appellant.
In this appeal from a jury's guilty verdict of indecency with a child, we are asked to find egregious harm from the trial court's failure to give a reasonable doubt instruction at the punishment phase of trial. We also are asked to decide if the State timely identified its outcry witness when the proper notice was given only thirteen days before the jury was sworn but fourteen days before evidence was first received.
We conclude that appellant was not egregiously harmed by the lack of a reasonable doubt instruction because the weight of the evidence weighed heavily in A. We therefore affirm the jury's finding of guilty to one incident of exposure to A. Factual and Procedural Background A. She testified not only to the charged act but to other similar bad acts appellant committed. She was spending the holidays with her grandmother, who learned that A. The grandmother told A. She told Ashley that appellant would get into her bed, and that she was afraid to return to the house.
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This reference to inappropriate behavior received a swift reaction from her grandmother and other relatives, who scheduled appointments with a female detective and with the Children's Assessment Center in Houston. The information obtained in these meetings prompted the State to file charges against appellant. He was indicted for one incident of exposing his genitals to A. At trial, A. The prosecutor also had her testify separately about the charged event, which occurred a month or so before Thanksgiving ofand about another time when she ran to the door of her father's bedroom. It found appellant guilty as charged. During the punishment phase, appellant presented two witnesses; the State presented no evidence.
Appellant did not object to the charge's failure to include this instruction.
At the close of the evidence the jury found appellant guilty and assessed a three-year sentence without probation and no fine. Appellant filed this appeal alleging that 1 the trial court reversibly erred in not instructing the jury during the punishment phase that it could not consider any extraneous bad acts without first finding them true beyond a reasonable doubt; and 2 the State did not timely identify its outcry witness. Analysis I. The Trial Court Erred At the punishment phase, the State may introduce evidence of "an extraneous crime or Analywis act that is shown beyond a reasonable doubt. This standard of proof is law applicable to the case. Huizar v.
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State, 12 S. A defendant is entitled to have the jury receive a reasonable doubt instruction regarding extraneous offenses without request. It is error if the trial court fails to instruct the jury sua sponte.
See id. A defendant need not object at trial to preserve error. Almanza v. State, S. The State contends all of these instances comprised one transaction or occurrence and so did not require a reasonable doubt instruction. Appellant argues they are extraneous bad acts requiring an instruction that the jury could not consider them in assessing punishment unless it was convinced beyond a reasonable doubt the events did occur and were attributable to Pedrs
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