Leonel Fernandez v. The State of Texas

Summary

The Texas Second Court of Appeals affirmed Leonel Fernandez’s convictions for continuous sexual abuse of a child under fourteen and indecency with a child by sexual contact. The court held that the evidence was sufficient for a rational jury to infer that Fernandez touched the complainant’s breast with the intent to arouse or gratify sexual desire. The court modified both judgments to delete unpronounced $100 child-abuse-prevention fines and affirmed the judgments as modified.

Holdings

1. The evidence was sufficient for a rational jury to find beyond a reasonable doubt that Fernandez touched the complainant's breast with the intent to arouse or gratify the sexual desire of any person.
2. The $100 child-abuse-prevention fine included in each written judgment had to be deleted because the trial court did not orally pronounce the fines as part of Fernandez's sentences.

Questions Presented

1. Whether the evidence was sufficient to prove that Fernandez touched the complainant's breast with the intent to arouse or gratify the sexual desire of any person, as required for indecency with a child by sexual contact.
2. Whether the $100 child-abuse-prevention fines included in the written judgments had to be deleted because the trial court did not orally pronounce them during sentencing.

Disposition

other