Brian Shawn Gilley v. State

OPINION

LEE GABRIEL, Justice.

Introduction

Appellant Brian Shawn Gilley appeals his conviction for aggravated sexual assault of a child, contending that the trial court erred by excluding him and his counsel from an in-camera examination to determine whether the six-year-old complainant was competent to testify. We affirm.

Background Facts and Procedural History

The complainant was a pre-kindergart-ner when she said to a teacher’s aide at her school, “Ms. Land, my dad put a trash — plastic sack on my head and put his wiener in my mouth.” Land reported the outcry to authorities; an investigation…