Kenneth Scott Dickinson v. The State of Texas

Summary

The Tenth Court of Appeals of Texas affirmed Kenneth Scott Dickinson’s conviction for aggravated sexual assault of a child. The court held that the record did not affirmatively negate venue in McLennan County and, alternatively, that any venue error was harmless.

Holdings

1. The record did not affirmatively and conclusively demonstrate that McLennan County was an improper venue. The complainant's testimony, viewed in the light most favorable to the venue finding, permitted the jury to reasonably infer by a preponderance of the evidence that the alleged anal-to-sexual-organ contact occurred in McLennan County.
2. Any failure to sufficiently prove venue in McLennan County was harmless because it was nonconstitutional error that did not affect Dickinson's substantial rights.

Questions Presented

1. Whether the record affirmatively demonstrated that McLennan County was an improper venue because the only specifically described McLennan County incident did not correspond to a manner and means alleged in the charging instrument.
2. If venue was not sufficiently proved, whether the venue error was harmless under Texas Rule of Appellate Procedure 44.2(b).

Disposition

affirmed