Robert Michael Arteaga, Jr. v. State

Dissenting Opinion by Justice Gregory T. Perkes.

Dissenting Opinion by

Justice Perkes.

I respectfully dissent with the majority’s holding on issue one. I would conclude that appellant was egregiously harmed by the erroneous jury charge.

I. Jury Charge Error

A. The Jury Charge

Appellant was convicted for multiple counts of sexual assault of a child. See Tex. Penal Code Ann. § 22.011 (West, Westlaw through 2015 R.S.). The offenses were charged as first-degree felonies under Texas Penal Code section 22.011(f). See id. The indictment alleged under each count that the victim was “a person whom the…