James Dixon Graves, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: February 24, 2010
• Docket: 06-09-00069-CR
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________

No. 06-09-00069-CR ______________________________

JAMES DIXON GRAVES, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 76th Judicial District Court Morris County, Texas Trial Court No. 10,004

Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION

James Dixon Graves, Jr., appeals from his convictions by a jury in this cause on two

charges of aggravated sexual assault of a disabled person.1 Graves has filed a single brief in

which he raises issues common to all of his appeals. He argues that the trial court erred in

denying the following: (1) his motion to suppress the evidence; (2) his request for funds to hire an

expert; (3) his request to have the victim examined by the expert as to her disability and

competency to testify; and (4) his motion for mistrial. Graves also complains that the evidence

was insufficient to establish the victim was disabled under the Texas Penal Code.

We addressed these issues in detail in our opinion of this date on Graves’ appeal in cause

number 06-09-00063-CR. For the reasons stated therein, we likewise conclude that error has not

been shown in this case.

We affirm the judgment.

Jack Carter Justice

Date Submitted: February 5, 2010 Date Decided: February 24, 2010

Do Not Publish

1 Graves appeals from judgments entered in cause numbers 06-09-00063-CR through 06-09-00070-CR.