Cena v. State

OPINION

BARAJAS, Chief Justice.

This is an appeal from a jury conviction for two counts of indecency with a child. The jury assessed punishment at fifteen years’ confinement and a fine of $10,000 on each count. We reverse the judgment of the trial court.

I. SUMMARY OF THE EVIDENCE

Appellant was charged with engaging in sexual contact by touching the anus and genitals of “a female child not his spouse younger than 17 years of age.” The victim was eight years old at the time of the offense. During Appellant’s voir dire examination, the following occurred:

DEFENSE: Now, I am going to ask you to state…