Brust v. State

OPINION

On October 11, 1990, the appellant, Shawn Batista Brust (“Brust”), was convicted of two counts of sexual assault on a child under the age of fourteen and one count of lewdness with a child under the age of fourteen. All of these incidents involved Brust’s niece, who was five years old when the incidents occurred. Brust was sentenced to life imprisonment on each of the sexual assault counts and to three years in prison on the lewdness count; the sentences are running concurrently.

At Brust’s trial, the jury was allowed to hear several arguably incriminating statements made by Brust when…