De La Rosa v. Texas (original by judge keel)
Annotate this CaseAppellant Francisco De la Rosa was tried by jury for the non-consensual sexual assault and sexual assault of a child. The body of Appellant’s indictment charged him with three counts of sexual assault for non-consensual contact between his sexual organ and that of "LAM," and the abstract portion of the jury charge defined “sexual assault of a child” in terms of non-consensual sexual contact. The indictment’s caption called the counts sexual assault of a child, its application paragraph authorized conviction for sexual assault of a child, and the case was tried as if it were such a case. The Texas Court of Criminal Appeals granted review to decide whether the court of appeals erred in holding that the evidence was legally sufficient to uphold the convictions. To this, the Court concluded the appellate court did, reversed the lower court’s judgments and entered a judgment of acquittal for each count of sexual assault.
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