George Allen Dennis v. The State of Texas

Summary

The Seventh Court of Appeals of Texas at Amarillo reviews George Allen Dennis’s convictions for eight sex offenses against a child under 17. The court holds that the jury charge erroneously failed to require unanimity on a single discrete incident for each count, but concludes that the error did not cause egregious harm. The court affirms the trial court’s judgment.

Holdings

1. The jury charge was erroneous because, although it included a general unanimity instruction and incorporated the State's elections, it did not direct the jurors to agree unanimously on one particular discrete incident supporting conviction on each count.
2. The jury-charge error did not cause egregious harm, so reversal was not warranted.

Questions Presented

1. Whether the jury charge was erroneous because it failed to require unanimity as to one discrete criminal incident for each count when the evidence showed multiple similar offenses within the State's elected timeframes and locations.
2. Whether the jury-charge error caused egregious harm requiring reversal when Dennis did not object to the charge.

Disposition

affirmed