Joshua Gilbert Maldonado v. the State of Texas

Opinion

Opinion issued August 13, 2026

In The

Court of Appeals

For The

First District of Texas

I. Background

Maldonado was indicted on two counts of aggravated sexual assault of a child, R.C.,1 occurring on or around July 31, 2022 and June 30, 2022 and comprising a criminal episode. See TEX. PENAL CODE § 3.01.

At trial, R.C. testified that on July 31, 2022, she was sleeping when Maldonado put his fingers inside of, and licked, her vagina. R.C. further testified that around one month before the July assault, she was sleeping when Maldonado put his fingers inside her vagina while holding her down with his other hand.

The jury convicted Maldonado and sentenced him to sixty-five years imprisonment for each count. The trial court ordered the sentences to run consecutively.

II. Analysis

Maldonado argues R.C. was not credible because she did not tell investigators that he held her down during the June 30 assault nor that he licked her vagina during the July 31 assault—instead, she first mentioned these facts at trial. Of course, the jury is the sole judge of a witness’s credibility. See Dunham v. State, 666 S.W.3d 477, 482 (Tex. Crim. App. 2023). The jury was free to believe R.C.’s testimony even though she was more specific at trial than she had been with investigators. See

1 We use a pseudonym to protect the complainant’s identity. See TEX. R. APP. P.

9.10(a)(3), (b).

3

Davis v. State, No. 01-24-00301-CR, 2026 WL 1139724, at *4 (Tex. App.—Houston [1st Dist.] Apr. 28, 2026, pet. filed) (jury resolves inconsistencies between witness’s pretrial statements and trial testimony).

We overrule Maldonado’s sole issue and affirm.

Andrew Johnson

Justice

Panel consists of Justices Caughey, Johnson, and Dokupil. Do not publish. TEX. R. APP. P. 47.2(b).

Footnotes

1. NO. 01-25-00532-CR ——————————— JOSHUA GILBERT MALDONADO, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 412th District Court Brazoria County, Texas Trial Court Case No. 101989-CR MEMORANDUM OPINION Appellant Joshua Gilbert Maldonado challenges the sufficiency of the evidence supporting his conviction. We affirm.