Derek Leyva Garcia v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

DEREK LEYVA GARCIA,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

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No. 08-10-00244-CR

Appeal from

394th District Court

of Brewster County, Texas

(TC # 3923)

O P I N I O N

Derek Leyva Garcia appeals his conviction for aggravated sexual assault of a child. A jury found Appellant guilty as charged and sentenced him to twenty years in the Texas Department of Criminal Justice, Institutional Division. On appeal, Appellant challenges the admission of a videotaped interview with the complainant because the child was available to testify--and did in fact…