Schuster v. State

OPINION

DAY, Justice.

Ivan Joseph Schuster appeals his conviction of indecency with a child. Tex.Penal Code Ann. § 21.11 (Vernon 1989). The jury assessed punishment at fifteen years confinement and a $3,500 fine.

We affirm.

In his sole point of error, Schuster complains the trial court improperly determined Mary Hutton, a psychologist, was the outcry witness in this case.

The State called three witnesses to prove its case at the guilt/innocence phase of trial: Hutton; the complainant (A.K.); and A.K.’s mother, Joy Treadway. Hutton, a psychologist, was called first.

Outside the jury’s presence,…