Clark v. State

OPINION ON COURT’S OWN MOTION FOR REHEARING

McCORMICK, Judge.

Appellant was convicted by a jury of aggravated sexual assault and the jury assessed punishment, enhanced by two prior felony convictions, at life imprisonment in the Texas Department of Corrections.

At trial, over appellant’s objection, the videotaped testimony of the seven year old child victim was introduced as then authorized by Article 38.071, V.A.C.C.P. The Court of Appeals affirmed the conviction. Clark v. State, 728 S.W.2d 484 (Tex.App.— Ft. Worth 1987). We vacate that judgment and remand the cause to the Court of Appeals.

In…