Bluitt v. State

OPINION

TERRIE LIVINGSTON, Justice.

Appellant Maurice Bluitt appeals from his conviction for indecency with a child by contact where a jury found him guilty and sentenced him to twenty years’ confinement with a $5,000 fíne. We reverse and remand for a new trial on punishment.

Facts

Appellant was charged with one count of indecency with a child by contact. See Tex. Penal Code Ann. § 21.11(a)(1) (Vernon Supp.2002). He pled not guilty and the case was tried to a jury that found him guilty.

During guilt-innocence, appellant testified on his own behalf denying he had inappropriately touched the injured…