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Martin v. State

Appellant contends that the continuous sexual abuse statute violates the constitutional and statutory requirement of a unanimous jury verdict. He also asserts that the jury charge contained egregiously harmful error and that his convictions on several counts are either without sufficient evidentiary support or constitute double jeopardy. Finally, appellant challenges the constitutionality of the statute denying parole to persons convicted of continuous sexual abuse of a young child. His issues are overruled, and the convictions are affirmed. Austin Court of Appeals, No. 03-10-00202-CR, 03-16-2011

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OPINION

A jury found appellant Philip Martin guilty of one count of continuous sexual abuse of a young child, six counts of sexual assault of a child, two counts of indecency with a child by contact, and three counts of indecency with a child by exposure. See Tex. Penal Code Ann. §§ 21.02, 21.11, 22.011 (West Supp. 2010). The trial court assessed punishment at fifty years’ imprisonment for the continuous sexual abuse count, twenty years’ imprisonment for each count of sexual assault and indecency by contact, and ten years’ imprisonment for each count of indecency by exposure. With respect to the fifty-year sentence, appellant is not eligible for parole. See Tex. Gov’t Code Ann. § 508.145(a) (West Supp. 2010).

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