Hernandez v. State

I respectfully dissent. Appellant challenges the sufficiency of the evidence to support the conviction. Specifically, he claims there was insufficient evidence, without the confessions, to prove the corpus delicti.

The approach by the majority opinion is that the independent evidence failed to establish that appellant did in fact expose his genitals to the victim, his daughter. The independent evidence by itself does not have to establish the corpus delicti. If there is some evidence, direct or circumstantial, corroborating the confession, the confession of the accused may be used to assist in…