Hernandez v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted of the offense of rape of a child and punishment was assessed at sixteen years confinement in the Texas Department of Corrections. The Fourth Court of Appeals in San Antonio reversed and ordered an acquittal. The State in its petition for discretionary review argues that the San Antonio Court’s reversal, based on failure to corroborate testimony of the victim, was error.

The salient facts developed at trial reveal: appellant was dating E_ G_ C_E_G_C_had an eleven year old daughter N-C_On April 28, 1978,…