Jacky Clay Reynolds v. The State of Texas--Appeal from 8th District Court of Hopkins County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-05-00155-CR
______________________________
JACKY CLAY REYNOLDS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 8th Judicial District Court
Hopkins County, Texas
Trial Court No. 0417630
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

In two charging instruments, Jacky Clay Reynolds was indicted for the offenses of aggravated sexual assault of a child and indecency with a child by contact. Each indictment alleged separate counts against a different victim. In trial court cause number 417629 (appealed in our Court as cause number 06-05-00154-CR), the alleged victim was F.S. That case alleged two counts of indecency with a child by contact. In trial court cause number 417630 (the instant case before this Court), the victim was F.S.'s sister, C.S. This case alleged one count of aggravated sexual assault of a child and two counts of indecency with a child by contact.

Today, in cause number 06-06-00154-CR, we affirm Reynolds' conviction in trial cause number 417629 for the offense of attempted indecency with a child by contact, but reverse his sentence and remand for a new punishment trial. In the instant appeal, for the reasons detailed in our opinion in cause number 06-05-00154-CR, we affirm Reynolds' convictions, but reverse his sentences and remand to the trial court for a new punishment trial.

The victim in the instant case, C.S., was over the age of twelve at the time of the offenses. (1) Therefore, our discussion of the outcry witness issue in cause number 06-05-00154-CR is not relevant to the instant case. With that exception, the reasoning and holdings in that case control our disposition of this appeal.

We affirm the convictions, but reverse the sentences and remand to the trial court for a new trial on punishment.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: November 14, 2006

Date Decided: May 31, 2007

 

Do Not Publish

1. Reynolds concedes this in his brief.