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Come v. State

The district court did not abuse its discretion by determining that the appellant's involvement with or interest in an organization apparently concerning itself with sexual activities with boys was a "circumstance of the offender" that would be helpful to the jury in determining the appropriate sentence in this case.

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A jury found appellant Lewis Robert Come guilty of three counts of aggravated sexual assault of a child and assessed punishment for each at imprisonment for ninety-nine years and a $10,000 fine. See Tex. Pen. Code Ann. � 22.021 (West Supp. 2002). The jury also found appellant guilty of four counts of attempted aggravated sexual assault of a child for which it assessed punishment at imprisonment for twenty years and a $10,000 fine. See id. � 15.01 (West 1994). Appellant contends the evidence is legally insufficient to sustain his convictions on two of the attempt counts and that the district court erroneously admitted certain evidence during the punishment phase of trial. We will affirm the convictions.

Sufficiency of Evidence

The complaining witnesses were three boys who lived near appellant. *fn1 They often went to appellant’s residence to play games on his computer. Appellant also arranged for the boys to go flying with a friend who was a pilot. On the boys’ visits, appellant showed them pornographic material depicting both heterosexual and homosexual acts. During a search of appellant’s residence following his arrest, police found sixty-five pornographic videotapes, twenty-seven pornographic magazines, and six pornographic CD-roms. Two of these magazines and one of the videotapes were introduced in evidence at the guilt phase.

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