Alejandro Morales Calles v. State

No. 14-14-00696-CR (Tex. App.—Houston [14th Dist.] Sept. 24, 2015) (mem. op.) · Texas Court of Appeals, Fourteenth District · September 24, 2015 · No. 14-14-00696-CR

Summary

The Fourteenth Court of Appeals of Texas affirmed Alejandro Morales Calles’s conviction for aggravated sexual assault of a child under fourteen. The court held that the child complainant’s testimony was legally sufficient to establish the offense despite alleged inconsistencies and the presence of other children during the assault. The opinion is a per curiam memorandum opinion and is designated not for publication.

Holdings

  1. The evidence was legally sufficient because, viewing it in the light most favorable to the verdict, a rational jury could find beyond a reasonable doubt that Calles intentionally or knowingly penetrated the sexual organ of a child under fourteen.
  2. A child complainant's testimony alone may support a conviction for aggravated sexual assault of a child, and the testimony need not be corroborated by medical or physical evidence.

Questions Presented

  1. Whether the evidence was legally sufficient to support Calles's conviction for aggravated sexual assault of a child under fourteen despite the presence of other children and alleged inconsistencies in the complainant's statements.

Disposition

affirmed

Cases Cited (18)

  • Gear v. State, 340 S.W.3d 743, 746 (Tex. Crim. App. 2011)(followed)
  • Jackson v. Virginia, 443 U.S. 307, 318-19 (1979)(followed)
  • Isassi v. State, 330 S.W.3d 633, 638 (Tex. Crim. App. 2010)(followed)
  • Muniz v. State, 851 S.W.2d 238, 246 (Tex. Crim. App. 1993)(followed)
  • Sharp v. State, 707 S.W.2d 611, 614 (Tex. Crim. App. 1986)(followed)
  • Turro v. State, 867 S.W.2d 43, 47 (Tex. Crim. App. 1993)(followed)
  • Jensen v. State, 66 S.W.3d 528, 534 (Tex. App.—Houston [14th Dist.] 2002, pet. ref'd)(followed)
  • Newby v. State, 252 S.W.3d 431, 437 (Tex. App.—Houston [14th Dist.] 2008, pet. ref'd)(followed)
  • Garcia v. State, 563 S.W.2d 925, 928 (Tex. Crim. App. 1978)(followed)
  • Carty v. State, 178 S.W.3d 297, 304 (Tex. App.—Houston [1st Dist.] 2005, pet. ref'd)(followed)

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