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Roethel v. State

The state's failure to give notice that the appellant's sister would testify to a series of acts that occurred in the county where the family lived over a five-year period before the appellant left for the Army was harmful.

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A jury convicted Rudolph Joseph Roethel on seven charges that he committed sexual offenses against his ten-year-old stepdaughter. The jury assessed the maximum sentence for each count-life in prison for aggravated sexual assault; twenty years in prison for attempted aggravated sexual assault, indecency with a child by contact, and second-degree felony criminal solicitation of a minor; and ten years for both indecency with a child by exposure and third-degree felony criminal solicitation of a minor. See Tex. Pen. Code Ann. �� 15.01, 15.031, 21.11, & 22.021 (West 1994 & Supp. 2002). Appellant does not challenge his convictions, but contends that the trial court erred at the punishment phase by permitting the State to call appellant’s sister to testify about his sexual assaults of her; appellant contends that the State’s notice of intent to introduce evidence of extraneous offenses was insufficient because it did not specify the dates and places that the assaults allegedly occurred. We will reverse the judgment as to punishment and remand for a new punishment hearing.

BACKGROUND

Because appellant does not challenge his conviction (and, at the punishment phase, admitted his guilt), we need not extensively recount the evidence that on various occasions appellant touched his minor stepdaughter’s breasts with his hand or mouth, penetrated her vagina with his finger, and showed her his erect penis, asking her to touch him and to have sex with him.

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