Smith v. State

OPINION

Ken Wise, Justice

Appellant, Charles Darnell Smith, challenges his convictions for indecency with a child and super-aggravated sexual assault of a child. In two issues, appellant contends that the trial court erred in failing to charge the jury that their vérdict on each alleged offense must be unanimous, and in failing to include a culpable mental state in the jury charge on the indecency-with-a-child allegation. We affirm.

Factual Background

In 2012, the complainant, Alicia, was five years old and living in an apartment in east Harris County with her mother, Norma.1 Norma became friends…