Alford v. State

495 S.W.3d 63, 2016 Tex. App. LEXIS 1949, 2016 WL 750140
CourtCourt of Appeals of Texas
DecidedFebruary 25, 2016
DocketNO. 14-15-00360-CR
StatusPublished
Cited by10 cases

This text of 495 S.W.3d 63 (Alford v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alford v. State, 495 S.W.3d 63, 2016 Tex. App. LEXIS 1949, 2016 WL 750140 (Tex. Ct. App. 2016).

Opinion

OPINION

Martha Hill Jamison, Justice

Appellant Anthony D. Alford appeals his conviction for sexuah assault of a child. See Tex. Penal Code § 22.011(a)(2)(A). A jury found him guilty, and the trial court assessed punishment at sixty years’ imprisonment. Appellant filed a timely notice of appeal, challenging the trial court’s exclusion of evidence of the complainant’s past' sexual behavior and prior allegations of sexual abuse. We affirm.

BACKGROUND

The complainant, A.A., accused appellant, her father, of having sexual intercourse with her on multiple occasions when she was fourteen years old. . A.A. and her brother moved in with appellant in May 2012, and A.A. claimed that her father began having sex with her in July 2012. The last alleged assault occurred on October 30, 2012. The following day at school, A.A. told her grandmother and a school officer, Lasondra King, about the abuse. A.A.’s grandmother then drove her to the hospital for a sexual assault examination. During that examination, A.A. told the sexual assault nurse examiner that appellant had come into her room while she was in bed and had sex with her the night before. The nurse found a fresh tear in A.A.’s labia minora, a well-healed tear in her hymen, and a bruise on her neck. The nurse collected swabs from A.A.’s genitals and neck to be tested for DNA evidence. When these swabs were later tested, they revealed DNA consistent With the appellant’s.

When A.A. returned to school, she received a phone call from appellant. While she was on the phone with appellant, she went to King and turned on speakerphone so King could listen to the conversation. King testified that during that phone conversation she heard appellant admit that A.A.’s accusations were true. Appellant was subsequently charged with sexual assault of a child, to which he pleaded not guilty.

During trial, appellant’s defensive theory was that A.A. had fabricated her story in order to change her living .situation. On cross-examination of A.A., appellant attempted to ask her about accusations of sexual assault she' allegedly had made against others in the past. The State objected, and appellant argued that the testimony was admissible because it was relevant to show A,A.’s bias or motive. Appellant also sought to introduce evidence that A.A. was sexually active, which could explain the well-healed tear in her hymen. When the trial court prohibited the .defense, from going into either line of questioning, appellant made an in camera offer of proof. In that offer, counsel asked A.A. about separate allegations of sexual abuse she made against a relative, stepfather, and grandfather when she was living with each. A.A. testified that she had accused a relative and her stepfather, but denied making any accusations against her . grandfather. Counsel also asked A.A. if she had been otherwise sexually active during the time she alleged her father was abusing her, and she confirmed that she was. After hearing appellant’s offer of proof, the trial court excluded the evidence concerning A.A.’s past sexual behavior and prior allegations of abuse.

STANDARD OF REVIEW

We review a trial court’s decision to admit or exclude evidence under an [66]*66abuse of discretion standard; we will not reverse the decision if it is within the zone of. reasonable disagreement. Tillman v. State, 354 S.W.3d 425, 435 (Tex.Crim.App.2011). We must uphold the trial court’s decision if it is reasonably supported by the record and correct under any theory of law- applicable to the case. Willover v. State, 70 S.W.3d 841, 845 (Tex.Crim.App. 2002). • .

DISCUSSION

Appellant argues that A.A.’s excluded testimony was admissible under Texas Rules of Evidence 412 and 613. He contends that the trial court erred in limiting his cross-examination of A.A. and excluding admissible evidence. Appellant also contends that prohibiting him from fully cross-examining A.A. violated his constitutional right of confrontation.

Confrontation Clause Issue Was Not Preserved

Appellant asserts he was denied his constitutional right to confront and cross-examine the complainant. See U.S. Const. amend. VI; Tex. Const, art. I, § 10. To preserve error for appellate review, including a constitutional error, the appellant must make a timely, specific objection to the trial court and obtain a ruling on the objection. Tex.R.App. P. 33.1; Linney v. State, 401 S.W.3d 764, 772-73 (Tex.App.Houston [14th Dist.] 2013, no pet.). The point of error on appeal must correspond to the objection made at trial. Linney, 401 S.W.3d at 773;

At trial, appellant, argued that the testimony was admissible under Rules 412(b)(2)(A) and 613, without ever addressing the Confrontation Clause. Making an objection or proffer under the Rules of Evidence does not preserve constitutional issues that aré not raised. See Reyna v. State, 168 S.W.3d 173, 179. (Tex.Crim.App.2005). Thus, we hold appellant’s argument at'trial did not preserve his Confrontation Clause issue for appeal. See Ferree v. State, 416 S.W.3d 2, 7 (Tex.App.-Houston [14th Dist.] 2013, pet. ref'd).

Past Sexual Behavior Inadmissible under Rule 412(b)(2)(A)

Criminal defendants have a constitutionally protected right to cross-examine witnesses. U.S., Const, amend. VI; Lopez v. State, 18 S.W.3d 220, 222 (Tex.Crim. App.2000); Linney, 401 S.W.3d at 772. Nevertheless, trial courts retain wide lati tude to impose reasonable limits on cross-examination and must carefully consider the probative value of the evidence and ■weigh it against the risks of admission. Linney, 401 S.W.3d at 772. These potential risks include the possibility, of undue prejudice, embarrassment, or harassment to either a witness or a party, the possibility of misleading or confusing a jury,- and the possibility of undue delay or waste of time. Id.

Appellant argues that A.A.’s testimony regarding whether she was sexually active during the timé of the alleged ongoing abuse was necessary to rebut medical evidence offered by the State — specifically, the well-healed tear in A.A.’s hymen. See Tex.R. Evid. 412(b). Appellant urges that such evidence is relevant to show that otjier sexual encounters may have caused the well-healed tear. The State argues that complainant’s past sexual history is not* admissible' because (1) the proposed questioning did not relate to any specific instancé and (2) any probative value of the evidence did not outweigh the danger of unfair prejudice.

In a sexual assault case, opinion or reputation evidence of the complainant’s past sexual behavior is prohibited. Tex.R. Evid. 412(a). Evidence of specific instances of the complainant’s previous sexual [67]*67conduct may be admitted, as relevant here, if it is necessary to rebut or explain scientific or medical evidence offered by the State and

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Edward Rojas v. the State of Texas
Court of Appeals of Texas, 2024
Jerad Lee Reamy v. the State of Texas
Court of Appeals of Texas, 2024
Jerry Lee Jones v. the State of Texas
Court of Appeals of Texas, 2023
Michael Patrick Anderson v. the State of Texas
Court of Appeals of Texas, 2023
Hubert E. Seaton, Jr. v. the State of Texas
Court of Appeals of Texas, 2021
Cedric Dewayne Thompson v. State
Court of Appeals of Texas, 2021
Ronnie Michael Hopper v. State
Court of Appeals of Texas, 2020
Jereme Lee Escobedo v. State
Court of Appeals of Texas, 2019
James Lee Vanhoose v. State
Court of Appeals of Texas, 2019

Cite This Page — Counsel Stack

Bluebook (online)
495 S.W.3d 63, 2016 Tex. App. LEXIS 1949, 2016 WL 750140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alford-v-state-texapp-2016.