Leo Davis v. The State of Texas

Summary

The Texas Court of Appeals, Third District, reviews Leo Davis’s conviction for indecency with a child by sexual contact. Davis challenged the sufficiency of the evidence and the admission of testimony from a forensic interviewer and a sexual-assault-nurse-examiner program director. The court concluded that the evidence was legally sufficient and addressed the evidentiary challenges in affirming the trial court’s judgment.

Holdings

1. The evidence was legally sufficient because, viewing the record in the light most favorable to the verdict, a rational juror could find beyond a reasonable doubt that Davis touched a child's genitals with the intent to arouse or gratify sexual desire.
2. Davis failed to preserve any complaint concerning the admission of Wycoff's or Salmond's testimony because he did not object to Salmond's testimony, withdrew his objection to Wycoff's testimony, and did not obtain an adverse ruling.

Questions Presented

1. Whether the evidence was legally sufficient to support Davis's conviction for indecency with a child by sexual contact.
2. Whether Davis preserved his complaint that the trial court improperly admitted testimony from Deborah Wycoff and Mary Salmond.

Disposition

affirmed