Heidelberg v. State

144 S.W.3d 535 (2004)

Donald C. HEIDELBERG, Appellant

v.

The STATE of Texas.

No. 1418-03.

Court of Criminal Appeals of Texas, En Banc.

September 15, 2004.

Brian W. Wice, Houston, for Appellant.

William J. Delmore, III, Asst. District Atty., Houston, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION

MEYERS, J., delivered the opinion of the Court, in which KELLER, P.J., and WOMACK, KEASLER, HERVEY, and Cochran, JJ., join.

Appellant was indicted for sexually assaulting his wife's eight-year-old granddaughter. Appellant and his wife were babysitting the victim when, according…