Gregory Eugene Ludwig v. The State of Texas

Summary

The Texas Thirteenth Court of Appeals affirmed Gregory Eugene Ludwig’s convictions for two counts of indecency with a child by sexual contact. The court held that the complainant’s testimony, viewed under the legal-sufficiency standard and despite alleged inconsistencies, was sufficient to support both convictions. The court overruled Ludwig’s sole issue and affirmed the trial court’s judgment.

Holdings

1. The evidence was legally sufficient because the complainant's eyewitness testimony, if believed, directly established that Ludwig touched her genitals and breasts with the intent to arouse or gratify his sexual desire while she was under seventeen.
2. The inconsistencies did not render the evidence legally insufficient because credibility determinations and the resolution of conflicts in testimony belonged to the trial court as factfinder.

Questions Presented

1. Whether legally sufficient evidence supported Ludwig's convictions for two counts of indecency with a child by sexual contact.
2. Whether inconsistencies in the complainant's testimony and the absence of corroborating evidence rendered the evidence legally insufficient.

Disposition

affirmed