Suarez v. State

YÁÑEZ, Justice.

OPINION ON MOTION FOR REHEARING

A jury found appellant, Jaime Suarez, guilty of sexual assault and assessed punishment at ten years’ probation.1 By three points of error, appellant challenges his conviction. Appellant complains that there is insufficient evidence to establish that the complainant did not consent or that she was physically unable to resist. Appellant also asserts that the introduction of extraneous testimonial evidence was error. We affirm.

Appellant is a licensed lay midwife with offices at the McAllen Maternity Clinic in Hidalgo County. On January 30, 1992,…