Summary
The Thirteenth Court of Appeals of Texas affirmed Gerald Lee Manzanalez Jr.'s convictions for attempted sexual assault of a child and attempted indecency with a child. The court held that the evidence, viewed in the light most favorable to the verdict, was sufficient to establish the requisite intent and conduct beyond mere preparation.
Holdings
- The evidence was sufficient for a rational fact finder to find beyond a reasonable doubt that appellant possessed the specific intent to commit the underlying offenses and performed acts beyond mere preparation that tended but failed to effect their commission.
Questions Presented
- Whether the evidence was sufficient to prove that appellant had the specific intent to commit sexual assault of a child and attempted that offense.
- Whether the evidence was sufficient to prove that appellant had the specific intent to commit indecency with a child and attempted that offense.
- Whether appellant's conduct constituted more than mere preparation to commit the intended offenses.
Disposition
affirmed
Cases Cited (10)
- McClendon v. State, 643 S.W.2d 936, 936 n.1 (Tex. Crim. App. [Panel Op.] 1982)(followed)
- Whatley v. State, 445 S.W.3d 159, 166 (Tex. Crim. App. 2014)(followed)
- Brooks v. State, 323 S.W.3d 893, 898–99 (Tex. Crim. App. 2010) (plurality op.)(followed)
- Wise v. State, 364 S.W.3d 900, 903 (Tex. Crim. App. 2012)(followed)
- Villarreal v. State, 286 S.W.3d 321, 327 (Tex. Crim. App. 2009)(followed)
- Malik v. State, 953 S.W.2d 234, 240 (Tex. Crim. App. 1997)(followed)
- Crawford v. State, 562 S.W.3d 106, 111 (Tex. App.—Corpus Christi–Edinburg 2018, pet. ref’d)(followed)
- Henson v. State, 173 S.W.3d 92, 101 (Tex. App.—Tyler 2005, pet. ref’d)(followed)
- In re J.B.M., 157 S.W.3d 823, 826 (Tex. App.—Fort Worth 2005, no pet.)(analogized)
- Dixon v. State, No. 01-04-01100-CR, 2005 WL 2620541, at *3 (Tex. App.—Houston [1st Dist.] Oct. 13, 2005, no pet.) (mem. op., not designated for publication)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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