Tishawn Jahmai Helton v. State

Summary

The Texas Court of Appeals, Fifth District at Dallas, affirmed Tishawn Jahmai Helton’s conviction for aggravated sexual assault of a child. The court held that the evidence was sufficient to support the conviction and rejected the argument that the evidence showed conduct different from that charged. The court modified the judgment to correct the State’s attorney, the applicable Penal Code provision, and the enhancement plea and finding.

Holdings

1. The evidence was legally sufficient for a rational juror to find beyond a reasonable doubt that Helton committed aggravated sexual assault of T.S. by causing her sexual organ to contact his sexual organ as alleged in the indictment.
2. The appellate court had authority to reform the judgment to correct clerical errors when the evidence necessary for correction appeared in the record.

Questions Presented

1. Whether the evidence was legally sufficient to establish beyond a reasonable doubt that Helton caused contact between T.S.'s sexual organ and his sexual organ as charged in the indictment.
2. Whether the appellate court should modify clerical errors in the judgment concerning the State's trial attorney, the applicable Penal Code provision, and the enhancement plea and finding.

Disposition

affirmed