Garduno v. State

Phipps, Judge.

A jury found Fragoso Victor Garduño guilty of one count of aggravated child molestation and five counts of child molestation. Garduño appeals, arguing that the trial court erred in failing to excuse a prospective juror for cause. We agree and reverse.

1. Viewed favorably to the jury’s verdicts, 1 the evidence shows that Garduño was married to the nine-year-old victim’s sister. The victim, H. A., testified that Garduño inserted his penis into her vagina and bottom on more than one occasion. He also touched her vagina, bottom, and breasts with his hands, her breasts with his…