Astudillo v. State

Phipps, Judge.

Martin Astudillo appeals his convictions of the rape, armed robbery, and kidnapping of S. H. and of the burglary of her residence. Relying on Woodard v. State, Astudillo charges the trial court with error in admitting in evidence a prior statement of S. H. which was consistent with her trial testimony. We find no harmful error and affirm.

The State’s evidence showed that at approximately 3:00 a.m. on July 1, 1996, Astudillo broke into S. H.’s apartment and raped her at knifepoint. During a struggle which preceded the rape, S. H.’s hand was cut with the knife. Fearing for her…