M.B. v. State

OPINION

HARDBERGER, Justice.

This is a case involving the right of a juvenile defendant to take the deposition of a sexual assault victim. We hold that the defendant has such a right and the court’s statement to the contrary was in error. However, as there was no showing as to why state funds should be expended to take the deposition, the erroneous statement is not grounds for reversal. The conviction is affirmed.

The Underlying Crime

Sarah Sifuentes, who was 16 years old at the time, was sexually assaulted by another juvenile. The assault took place in a small, dark gameroom at a recreation…