Whittemore v. State

OPINION ON REMAND

DIES, Chief Justice.

Appellant was convicted by a jury of aggravated sexual assault, and the court assessed punishment at fifty years’ confinement in the Texas Department of Corrections.

At trial, over Appellant’s objection, the videotaped testimony of the twelve-year-old child victim was introduced into evidence pursuant to Article 38.071 of the Texas Code of Criminal Procedure. See TEX. CODE CRIM.PBOC.ANN. art. 38.071 (Vernon Supp.1989). On appeal, Appellant urged that admission into evidence of this videotaped testimony violated his right to confrontation guaranteed by the…