Powell v. State

ALLEN, Justice.

Appellant, Robert Powell, appeals his conviction for indecency with a child. We agree with appellant’s contention that the introduction of a videotaped interview of the child complainant, in accordance with TEX. CODE CRIM.PROC.ANN. art. 38.-071, §§ 4 and 5 (Vernon Supp.1985), violated appellant’s right to confrontation under TEX. CONST. art. I, § 10 and the sixth amendment to the United States Constitution. We accordingly hold that the procedure set out in article 38.071, sections 4 and 5, is unconstitutional, reverse the conviction in the present case and remand the cause for…