Lopez v. State

OPINION

Opinion by

Justice YÁÑEZ.

Appellant, Juan Carlos Lopez, was indicted on two counts of aggravated sexual assault of a child. 1 The jury found Lopez guilty on both counts, and imposed a punishment of life imprisonment and a $10,000 fine for each count. Lopez now appeals his judgment of conviction, arguing through five issues that reversible error occurred at trial. Because we find that trial court error affected Lopez’s substantial rights, we reverse and remand for a new trial.

I. Background

The State’s factual theory of this case at trial was as follows. In the afternoon of June 21, 2004,…