Nassouri v. State

503 S.W.3d 416, 2016 WL 2901782, 2016 Tex. App. LEXIS 5140
CourtCourt of Appeals of Texas
DecidedMay 16, 2016
DocketNo. 04-15-00280-CR
StatusPublished
Cited by7 cases

This text of 503 S.W.3d 416 (Nassouri 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
Nassouri v. State, 503 S.W.3d 416, 2016 WL 2901782, 2016 Tex. App. LEXIS 5140 (Tex. Ct. App. 2016).

Opinion

OPINION

, Patricia 0. Alvarez, Justice

Appellant Driss Nassouri was charged in a three-count indictment: one count of continuous sexual abuse of a child and two counts of indecency with a child by sexual contact. The jury found Nassouri guilty on both counts of indecency with a child and not guilty of the continuous sexual assault. The jury subsequently imposed confinement in the Institutional Division of the Texas Department of Criminal Justice for terms of nine years and five years, respectively, on the indecency charges and the trial court ordered the sentences be served concurrently. On appeal, Nassouri contends the trial court erred as follows: (1) permitting the State to support the victim’s credibility with evidence of her religious beliefs in violation of Texas Rule of Evidence 610, (2) admitting text messages that were not properly authenticated in violation of Texas Rule of Evidence 901(a), and (3) admitting the victim’s testimony regarding the text messages in violation of Texas Rules of Evidence 401 and 403. We affirm the trial court’s judgment.

Factual Backgkound

On May 27, 2012, San Antonio Police Officer Matthew Morales was dispatched for a call alleging a sexual offense involving a child. Upon his arrival, he was notified that the fourteen-year-old complainant made an outcry to her step-father, Mohammed Mohammedi. The child alleged that her father, Appellant Driss Nas-souri, had “touched me with his middle part inside me, from behind, and his hands in my middle part.”

Nassouri was subsequently indicted on two counts of indecency with a child and one count of continuous sexual abuse of a child; the case was called to trial on February 2, 2015. The State’s evidence consisted of the testimony of the following: the victim’s step-father, the victim, and the officer. During the victim’s testimony, she described several incidents occurring at the house her mother rented from her “Uncle Mark” and several incidents at the Northgate apartments. ' She testified regarding where the incidents occurred, how she felt at the time, and her fear of telling anyone. Although she was unable to provide dates, the victim was able to identify where she and her family were living at the time of the incidents and the school she was attending. When the State inquired why she did not tell anyone prior to telling her step-dad,' the victim explained, “I was disappointed that [Nassouri] would do- that. He’s my dad. He hurt me—I expected him to be a father, but he hurt [419]*419me; and I was just scared that he would hurt me or anybody else in my family.”

Following extensive cross-examination of thé victim,'two defense witnesses who questioned the victim’s credibility, and the State recalling the victim in rebuttal, the jury retened a guilty verdict on both counts- of indecency and a not guilty verdict on the continuous sexual abuse allegation. The jury- súbsequently assessed punishment at confinement in the Institutional Division of the Texas Departmént of Criminal Justice.for nine years and five years, respectively, and the trial court ordered that the sentences run concurrently. This appeal ensued.

STANDARD OP REVIEW

“We review a trial court’s decision to admit or exclude evidence under an abuse of discretion standard.” Sandoval v. State, 409 S.W.3d 259, 297 (Tex.App.— Austin 2013, no pet.); accord Rodriguez v. State, 203 S.W.3d 837, 841 (Tex.Crim.App. 2006); Weatherred v. State, 15 S.W.3d 540, 542 (Tex.Crim.App.2000). A trial court abuses its discretion if it acts arbitrarily or unreasonably, without reference to; any guiding rules or principles. Montgomery v. State, 810 S.W.2d 372, 380 (Tex.Crim.App.1991) (op. on reh’g) (quoting Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985)); accord Thompson v. State, 274 S.W.3d 776, 778 (Tex.App.—San Antonio 2008, no pet.). When considering a trial court’s decision to admit or exclude evidence, we will not reverse the ruling unless it falls outside the zone of reasonable disagreement. McGee v. State, 233 S.W.3d 315, 318 (Tex.Crim.App.2007); see also Lee v. State, 442 S.W.3d 569, 575 (Tex.App.—San Antonio 2014, no pet.).

We first address Nassouri’s contention that the trial court erred in permitting the State to elicit testimony. of the victim’s religious beliefs, for the purpose of supporting the victim’s.credibility, in violation of Texas Rules of Evidence 610. See Tex.R. Evid. 610.

Texas Rule of Evidence 610

“Evidence of a witness’s religious beliefs or opinions is not admissible to attack or support the witness’s credibility.” Id.; accord Reyna v. State, 168 S.W.3d 173, 181 (Tex.Crim.App.2005). “‘[B]ol-stering’ occurs when one item of evidence is improperly used by a party to add credence or weight to some earlier unim-peached piece of evidence offered by the same party.” Cohn v. State, 849 S.W.2d 817, 819 (Tex.Crim.App.1993) (citing Sledge v. State, 686 S.W.2d 127, 129 (Tex.Crim.App.1984)).

1. Testimony Elicited at Trial ■

During an extensive cross-examination of the victim, defense counsel questioned the victim about her headscarf. She explained that, at a certain point of maturity, her religion required her “to wear it.” During the State’s redirect examination, the victim denied being-pressured by anyone to tell lies about her father. Over defense counsel’s objection that the question was irrelevant and improper bolstering, the victim answered affirmatively to the following question:.

State: In your makeup, in your belief system, do you believe it would be wrong to make up such a lie? ■

Nassouri now contends the State’s question resulted in improper bolstering in direct violation of evidentiary . Rule 610. See Tex,R. Evid. 610. The .State counters that Nassouri’s objection at trial was based solely on improper bolstering.and, because his objection did not solicit a ruling pursuant to Rule 610, his issue on appeal does not comport with his objection before the trial court. See Tex.R.App. P. 33.1(a)(1); [420]*420Ibarra v. State, 11 S.W.3d 189, 197 (Tex. Crim.App.1999) (“Because his trial objection does not comport with the issue raised on appeal, he has preserved nothing for review.”).

Because there are no special words required to lodge an objection before the trial court, see Ford v. State, 305 S.W.3d 530, 533 (Tex.Crim.App.2009), and appellate courts “liberally construe briefs to. avoid waiver and obtain a just, fair, and equitable adjudication of [the] litigant’s rights,” see Marroquin v. State,

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Bluebook (online)
503 S.W.3d 416, 2016 WL 2901782, 2016 Tex. App. LEXIS 5140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nassouri-v-state-texapp-2016.