In re Z.L.B.

Concurring and Dissenting Opinion By

Justice FITZGERALD.

The evidence was legally sufficient to support the trial court’s delinquency adjudication, and I therefore join that portion of this Court’s opinion. The majority, however, reverses the trial court’s judgment because of the admission of certain hearsay evidence that “did not meet the outcry exception to the hearsay rule.” More specifically, the majority concludes the day care director was not the first person the complainant told about the sexual contact. I respectfully dissent.

The petition alleges that on or about April 15, 1999,…