Carlos Omar Nieto v. State

NUMBER 13-09-302-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

CARLOS OMAR NIETO, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 430th District Court

of Hidalgo County, Texas.

MEMORANDUM OPINION

Before

Justices Rodriguez, Benavides, and Vela

Memorandum Opinion by Justice Vela

Appellant, Carlos Omar Nieto, was indicted for two counts of sexual assault of a child (counts one and two), see Tex. Penal Code Ann. § 22.011(a)(2)(A) (Vernon Supp. 2009), and one count of indecency with a child by contact. See id. § 21.11(a)(1). The jury acquitted appellant of counts one…