Reagor v. State

OPINION

MALONEY, Justice.

The jury convicted Gary Fitzgerald Rea-gor of aggravated sexual assault. The trial court assessed a thirty year sentence. In a single point of error, appellant contends that the evidence is insufficient to support the verdict. We sustain appellant’s point and reverse the trial court’s judgment.

FACTUAL BACKGROUND

Complainant was three years old at the time in question. She lived in Dallas County with her parents and her five-year-old brother. Complainant shared a bedroom with her brother. On June 26, 1989, appellant, complainant’s maternal uncle, spent the night at her…