Hernandez v. State

OPINION CONCURRING IN THE JUDGMENT OF THE COURT

CLINTON, Judge.

The petition for discretionary review received from our State Prosecuting Attorney presented three grounds for review; though it was granted without restriction, the opinion of the Court fails to address a threshold issue raised in the court of appeals by the State and now reiterated as its first ground for review, viz:

“(1) The Court of Appeals erred in holding that a minor victim, who, as a matter of law, can neither be prosecuted for nor consent to the sexual offense charged, must be corroborated under Art. 38.07, Vernon’s…