Rhea v. State

BLEIL, Justice.

Howard Rhea appeals his conviction of the aggravated sexual assault of his two-year-old daughter. He complains that the child’s videotaped statement should not have been admitted in evidence, raising the pivotal issue of whether the child was a competent witness. Because we conclude that the child was not a competent witness, admission of her videotaped statement violated Tex.Code Crim.Proc.Ann. art. 38.071 (Vernon Supp.1985). Therefore, we reverse the judgment.

In February 1984, Rhea and his wife separated and in March Shirley Rhea filed for divorce. On April 2, Shirley Rhea…