Sanchez v. State (Original)Annotate this Case
Defendant was convicted of four counts of indecency with a child by sexual contact and one count of aggravated sexual assault of a child. The court of appeals affirmed, holding that the outcry witness's testimony from a pre-trial hearing was admissible. The court held that a pre-trial hearing conducted under Code of Criminal Procedure Article 38.072 section 2(b)(2) was intended only to determine the reliability of the complainant's out-of-court statement. Therefore, defendant's opportunity for cross-examining the outcry witness at such a hearing was inadequate to allow the admission of the hearing testimony at trial. The court reversed the court of appeals and remanded to that court for a harm analysis.