Pierce v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Judge.

Appellant was convicted by a jury of indecency with a child and assessed punishment by the court at imprisonment for twenty years in the Texas Department of Corrections.

At trial, over appellant’s objection, the videotaped testimony of the child victim was introduced as then authorized by Article 38.071, Section 2, V.A.C.C.P. The Court of Appeals affirmed the conviction. Pierce v. State, 724 S.W.2d 928 (Tex.App.-Austin 1987). We vacate that judgment and remand to the Court of Appeals.

In his appeal appellant claimed the…