Allen v. Texas (original by judge walker)
Annotate this CaseAppellant Matthew Allen was convicted by jury of committing Continuous Sexual Abuse of a Young Child, Indecency with a Child by Exposure, and Indecency with a Child by Contact. Appellant challenged the sufficiency of the evidence, and the court of appeals upheld the convictions for Continuous Sexual Abuse of a Young Child and Indecency with a Child by Contact, but reversed the Indecency with a Child by Exposure conviction. In upholding the Indecency with a Child by Contact conviction, the court of appeals modified the judgment to state that the offense was committed in December 2011, which was within the October 1, 2009–August 15, 2012 time period that the indictment alleged for the Continuous Sexual Abuse of a Young Child offense. The Texas Court of Criminal Appeals held that Appellant’s conviction for Indecency with a Child by Contact violated Penal Code section 21.02(e)(2). The Court found the evidence supporting the Indecency with a Child by Contact offense showed that it occurred within the time period the Continuous Sexual Abuse of a Young Child offense was committed. The Court affirmed the judgment of the court of appeals in part, reversed the judgment of the court of appeals in part, and vacated Appellant’s conviction for Indecency with a Child by Contact.
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