Emmitt Wayne Upton v. State

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-08-00100-CR

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EMMITT WAYNE UPTON, Appellant

V

THE STATE OF TEXAS, Appellee

On Appeal from the 6th Judicial District Court

Lamar County, Texas

Trial Court No. 22383

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley

MEMORANDUM OPINION

H.M., a child less than fourteen years of age, (1) maintains that when she was spending the night at the home of a school friend, Emmitt Wayne Upton (the boyfriend of the friend's mother, known by the…