Garcia v. State

OPINION ON APPELLANT’S PETITIONS FOR DISCRETIONARY REVIEW

MILLER, Judge.

This Court granted appellant’s petitions for discretionary review in order to determine whether the court of appeals erred in holding hearsay testimony was properly admitted pursuant to the provisions of Article 38.072, V.A.C.C.P., which deals with evi-dentiary hearsay exceptions in child abuse cases. Tex.R.App.Pro., Rule 200(c)(2) & (4). Appellant was convicted by a jury of indecency with a child and aggravated sexual assault pursuant to V.T.C.A. Penal Code Sections 21.11 and 22.021(a)(1)(B). The jury assessed punishment…