Legal Opinion

Garcia v. State

Court of Appeals of Texas

Decided August 25, 2016No. 02-15-00315-CRPublished

1Opinion of the Court

*656CONCURRING OPINION

LEE ANN DAUPHINOT, JUSTICE

I write separately because the continuous sexual abuse of a child statute1 that is the basis of Appellant’s conviction is a troubling statute. “The commission of two or more acts of sexual abuse over a specified time period—that is, the pattern of behavior or the series of acts—is the element as to which the jurors must be unanimous in order to convict.”21 am a person of normal intellect, despite any suspicions to the contrary, and I do not understand either the scope or the limitations of the statute. Does the indictment merely establish the…

2Cases cited11 opinions

  1. Gollihar v. StateCourt of Criminal Appeals of Texas · 2001
  2. Render v. State, Texas Court of Appeals, 5th District (Dallas)2010
  3. Wiley v. StateCourt of Appeals of Texas · 2003
  4. Price, Jimmy DonCourt of Criminal Appeals of Texas · 2014
  5. Casey v. State, Texas Court of Appeals, 8th District (El Paso)2011

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