Miguel Williams, Sr. v. State

Summary

The Texas Twelfth Court of Appeals affirmed Miguel Williams, Sr.'s three convictions for indecency with a child by contact. The court held that although hearsay outcry evidence was improperly admitted because the victim was fifteen years old and therefore outside the applicable statutory age range, any error was harmless because similar evidence was admitted without objection and other evidence supported the convictions.

Holdings

1. Article 38.072 did not apply because the victim was fifteen years old at the time of the alleged offenses, whereas the statute applies only when the child victim is younger than fourteen.
2. Williams arguably preserved error as to the victim's mother's testimony, but did not preserve error as to the forensic interviewer's testimony and the video interview because defense counsel disclaimed any further request concerning the statutory outcry procedure.
3. Any error in admitting the outcry evidence was harmless because the victim testified without objection to the same abuse in considerable detail, and other evidence independently supported the convictions.

Questions Presented

1. Whether Texas Code of Criminal Procedure article 38.072 authorized admission of the victim's outcry statements when the victim was fifteen years old at the time of the alleged offenses.
2. Whether any error in admitting the outcry testimony and interview evidence affected Williams's substantial rights and required reversal.
3. Whether Williams preserved his complaint regarding the forensic interviewer's testimony and the video interview.

Disposition

affirmed