Matz v. State

OPINION ON REMAND

SAM J. DAY, Justice.

A jury convicted Appellant Harold Lee Matz of aggravated sexual assault of a child, assessed punishment at life imprisonment, and imposed a $10,000 fine. In Appellant’s second point, he complained that the trial court erred in admitting a videotape of the complainant, seven-year-old T.M., because the evidence was hearsay. On original submission, we noted that notwithstanding the hearsay rule, under certain circumstances Article 38.071 of the code of criminal procedure permits the admission of a recorded oral statement of a child sexual assault victim. Matz…