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Tear v. State

Multiple outcry witnesses can testify about different instances of abuse committed by the defendant against the victim.

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AFFIRMED.

OPINION

Robert William Tear appeals his convictions for aggravated sexual assault of a child under fourteen years of age. A jury found Tear guilty on two counts and assessed his punishments at ten years’ imprisonment in the state penitentiary, probated for ten years, and fifteen years’ imprisonment in the state penitentiary. In eight issues on appeal, Tear complains (1) the two offenses were improperly joined, (2-5) the evidence is legally and factually insufficient on both counts, (6) hearsay testimony was improperly admitted, (7) the jury charge on guilt/innocence misapplied the law to the facts, and (8) the jury charge on punishment improperly allowed consideration of his guilt on the first count when assessing his punishment on the second count. Because the offenses were properly joined, the evidence is legally and factually sufficient on both counts, the testimony was properly admitted under the outcry exception to the hearsay rule, there was no error in the guilt/innocence charge, and there was no harm from the error in the punishment charge, we affirm.

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