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Sanchez v. State

A jury found the appellant guilty of four counts of alleged indecency with a child by sexual contact and one count of alleged aggravated sexual assault of a child. The court of appeals affirmed. A pre-trial hearing conducted under Texas Code of Criminal Procedure Article 38.072 §2(b)(2) is intended only to determine the reliability of the complainant's out-of-court statement; therefore, the defendant's opportunity for cross-examining the outcry witness at such a hearing is inadequate to allow the admission of the hearing testimony at trial. The court of appeals' judgment is reversed and remanded. Court of Criminal Appeals, No. PD-0086-11, 12-14-2011.

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Womack, J., delivered the opinion of the unanimous Court.

A seventeen-count indictment charged the appellant with sexually abusing his step-daughter. The State’s outcry witness suffered a loss of mental faculties and was unavailable to testify at trial. Over the appellant’s objection, the trial court allowed the outcry witness’s testimony from a pre-trial hearing to be read to the jury. The jury found the appellant guilty of four counts of indecency with a child by sexual contact and one count of aggravated sexual assault of a child. The Fourth Court of Appeals affirmed, holding that the outcry witness’s testimony from a pre-trial hearing was admissible. We granted review of that issue.

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