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Hitt v. State

Texas Code of Criminal Procedure Article 38.37 supersedes application of Texas Rule of Evidence 402.

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A jury found appellant Jonathon Irving Hitt, also known as Father Jeremiah, guilty of five counts of indecency with a child by sexual contact and three counts of indecency with a child by exposure. See Tex. Penal Code Ann. � 21.11 (West Supp. 2001). *fn2 The jury assessed ten years’ imprisonment for each count of indecency by contact and three years’ imprisonment for each count of indecency by exposure. The sentences were made to run concurrently.

Points of Error

Appellant advances four points of error. First, appellant complains that the trial court erred when it admitted into evidence “extraneous bad acts.” Second, appellant urges that the trial court erred in permitting Susan Packwood, a social worker-psychotherapist, to testify that the complainant-child “was telling the truth.” Third, appellant contends that the trial court erred when it excluded from evidence the psychiatric report on the child by Dr. Elizabeth Dybel. Fourth, appellant challenges the factual sufficiency of the evidence to sustain the convictions. We will affirm the conviction.

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