Lopez v. State

HARRIS, Judge.

John Lopez was charged with and convicted of burglary of a dwelling with an assault, two counts of lewd act upon a child, and one count of attempted lewd act upon a child. The victim was a fifteen-year-old emotionally handicapped girl. The events were witnessed by her seven-year-old (eight at the time of testimony) sister. Lopez appeals on several grounds; we affirm in part and reverse in part.

Lopez contends that the eight-year-old girl was not shown to be competent to testify. The court conducted a hearing on the issue and determined that she was competent. It is within the…