State v. Robert Louis Rosseau

OPINION

Opinion by:

PHYLIS J. SPEEDLIN, Justice.

The State appeals the trial court’s pretrial order quashing the portion of the indictment used to elevate each count of sexual assault from a second degree felony to a first degree felony under section 22.011(f) of the Texas Penal Code. We reverse and remand for further proceedings.

Factual and Procedural Background

Robert Rosseau was indicted on thirty (30) counts of sexual assault of a child involving two female victims younger than 17 years of age, A.F, and A.H., and occurring over the course of three years. A.H. is Rosseau’s step-daughter and…