Guy Dean Peele v. State of Texas

Summary

The Fourth Court of Appeals of Texas affirmed Guy Dean Peele’s conviction for indecency with a child by sexual contact. The court held that the evidence was legally sufficient and that any error in admitting hearsay testimony was harmless because the same evidence was admitted without objection. The court further held that Peele’s remaining complaints were unpreserved or involved exhibits that were never offered or admitted.

Holdings

1. The evidence was legally sufficient to support Peele's conviction for indecency with a child by sexual contact because S.S. testified that Peele touched her breasts and stated that he had an erection, permitting the jury to find the required sexual intent beyond a reasonable doubt.
2. Assuming without deciding that the trial court erred in admitting Kimberly's testimony under a hearsay exception, any error was harmless and did not warrant reversal.
3. The remaining appellate complaints were not preserved for review, or presented nothing for review, because Peele failed to make the required trial objections and pursue adverse rulings, and the challenged exhibits were neither offered nor admitted.

Questions Presented

1. Whether the evidence was legally sufficient to support Peele's conviction for indecency with a child by sexual contact.
2. Whether the admission of Kimberly's testimony recounting S.S.'s statement that Peele touched her was reversible hearsay error.
3. Whether Peele preserved complaints concerning testimony about grooming, forensic interviews, improper bolstering, the State's closing argument, the Confrontation Clause, and certain exhibits.

Disposition

affirmed