McCarty v. State

OPINION

Opinion by

Justice CORNELIUS.

Andrew Tyrone McCarty was tried in 2000 on two counts of indecency with a five-year-old female. A mistrial was declared. In 2006, McCarty was tried again on the two counts of indecency with a child, and also on two additional indictments for aggravated sexual assault of a child by penetration. At the second trial, the complainant testified that she remembered nothing about the charged offenses. Her testimony from the previous trial was then read into evidence. The jury found McCarty guilty on both counts of indecency with a child. The jury was unable to…