Jesse Manuel Gonzales v. The State of Texas

Summary

The Texas Seventh Court of Appeals affirmed Jesse Manuel Gonzales’s convictions on two counts of sexual assault of a child. The court held that the trial court did not abuse its discretion by excluding evidence of the complainant’s prior sexual encounter or by denying a mistrial based on the trial court’s question about the age of a former girlfriend depicted in admitted photographs.

Holdings

1. The trial court did not abuse its discretion by excluding evidence of the complainant's prior sexual encounter because the evidence did not directly address or clearly contradict the State's evidence, had minimal probative value, and its potential for unfair prejudice outweighed its relevance.
2. The trial court did not violate article 38.05 or abuse its discretion by denying a mistrial after asking a witness her age when photographs were taken because, even assuming the question was an improper comment, it was not sufficiently prejudicial or incurable to overcome the jury instruction directing jurors not to consider the court's remarks as expressing an opinion.

Questions Presented

1. Whether the trial court abused its discretion by excluding evidence of the complainant's prior sexual encounter under Texas Rule of Evidence 412, including on the grounds that the evidence was necessary to rebut the State's scientific or medical evidence or was constitutionally required for impeachment.
2. Whether the trial court improperly commented on the weight of the evidence in violation of Texas Code of Criminal Procedure article 38.05 by asking a witness how old she was when photographs were taken, and whether the denial of a mistrial was an abuse of discretion.

Disposition

affirmed