Mallory v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

DUNCAN, Judge.

Appellant was convicted by a jury of aggravated sexual assault and punishment was assessed by the jury at twenty-five years in the Texas Department of Corrections. The indictment alleged that the appellant “intentionally and knowingly cause[d] the penetration of the vagina of R_S_, a child younger than 14 years of age who was not the spouse of said defendant by penetrating the vagina of R_S_with the sexual organ of Wallace Mallory....”

The testimony of the victim was introduced into evidence through a videotaped recording of…