Second Court of Appeals
Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of May 1, 2017.
NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.
Links to full text of opinions (PDF version) can be accessed by clicking the cause number.
Hines v. State, No. 02-15-00468-CR (May 4, 2017) (Livingston, C.J., joined by Sudderth and Kerr, JJ.).
Held: The evidence is insufficient to show that the proven acts of sexual abuse against the complainant were separated by at least thirty days. Because multiple underlying sexual offenses (indecency with a child and aggravated sexual assault) were proved, remand for a new trial on those offenses is necessary to avoid an unjust acquittal, in accordance with Rodriguez v. State, 454 S.W.3d 503 (Tex. Crim. App. 2015) (op. on reh’g).