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Cortez v. State

The trial court did not abuse its discretion in giving a curative instruction and polling the jury, rather than granting a mistrial, after a witness improperly bolstered the victim's credibility.

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A jury found Juan Cortez guilty of aggravated child molestation, child molestation, cruelty to children by causing physical injury and cruelty to children by causing mental injury. Cortez appeals, alleging the evidence was insufficient to support the jury’s verdict and the trial court erred in denying his motion for mistrial. We find no error and affirm Cortez’s convictions. 1. On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.1 Deference is given to the jury’s assessment of the weight and credibility of the evidence.2 As long as there is some evidence, even though contradicted, to support each necessary element of the state’s case, this Court will uphold the jury’s verdict.3

Viewed in that light, the evidence showed that seven-year-old A. R. lived with her parents in one bedroom of their trailer. Three cousins, including Cortez, shared the other trailer bedroom. About a month before June 27, 2002, Cortez moved out of the trailer, but lived in a nearby trailer and would often visit.

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