Prince v. State

574 S.W.3d 561
CourtCourt of Appeals of Texas
DecidedMarch 26, 2019
DocketNO. 01-18-00208-CR
StatusPublished
Cited by6 cases

This text of 574 S.W.3d 561 (Prince 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
Prince v. State, 574 S.W.3d 561 (Tex. Ct. App. 2019).

Opinion

Evelyn V. Keyes, Justice

A jury convicted appellant, Maurice Prince, of the first-degree felony offense of continuous sexual abuse of a child and assessed his punishment at twenty-five years' confinement.1 In his sole issue on appeal, appellant contends that the trial court erred by admitting a video recording of the complainant's forensic interview under the rule of optional completeness.

We affirm.

Background

Appellant has a large extended family, including his niece, Lauren, and Lauren's daughter, Tiffany, the complainant.2 Tiffany was born in December 2001 and she was sixteen at the time of the trial in February 2018. She testified that appellant is her maternal grandmother's brother and that she has known appellant her entire life. Tiffany characterized her family as close-knit, and she testified that appellant often spent time with her and her siblings. Tiffany would typically see appellant "throughout the week or like every weekend, every other weekend."

At one point, Tiffany offered to clean appellant's house for him. In return, appellant would take Tiffany shopping and give her spending money. For her thirteenth birthday, in December 2014, appellant bought Tiffany a sewing machine. After Tiffany told appellant that she wanted an iPhone, appellant told her that he would pay the bill for the phone if she cleaned his house. She stated that she was in sixth grade or the beginning of seventh grade when she got this phone, and she estimated that she was eleven or twelve years old at the time. Tiffany could not place or receive calls on this phone, but she used it for its camera capabilities. Tiffany and her paternal grandmother later discovered that appellant had placed a block on the phone so that he was the only one who could call her on that phone.3

Tiffany stayed over at appellant's house in Pasadena one weekend, which was not out of the ordinary. Typically, when Tiffany spent the night at appellant's house, she would sleep on the couch, but on this *564occasion, appellant told her to sleep in his bed with him. Appellant told her to take her pants off because he did not like having jeans in his bed. After Tiffany fell asleep, she felt appellant reach under her clothes and touch her vagina with his hand. Tiffany started moving around in the bed to make it appear as though she were waking up so appellant would no longer touch her. Appellant kept trying to touch her for around three minutes, but "he eventually gave up" when she kept moving around.4

Tiffany testified that there were other incidents where appellant touched her vagina and her breasts. She stated that "when I'd go over there [to appellant's house], it would start happening more and more and it would get worser, until eventually like I would be woke when he would do it and he would try to like persuade me to do things." When asked if she remembered an incident that occurred when she was awake, she testified:

There was this one time he bought me a scooter and the price of it was high. He told me in the store, he was like, If I get this for you, you're going to have to let me put it in, his penis inside my vagina. And I told him I didn't want it [the scooter] anymore, and I told him to put it back. He was like, No, you're going to get it. And then we got in the car, I started crying. He called me a crybaby because I was crying. And when we got home, he tried to force his penis inside of my vagina.

On this occasion, appellant also performed oral sex on Tiffany. Tiffany estimated that this incident occurred during the school year, before Christmas in 2014. Tiffany testified that she would go to appellant's house to clean about every other week and that appellant would sexually abuse her "[e]very time [she would] go over there." She stated that she stopped going over to appellant's house around the middle of her seventh-grade year and that the abuse continued until she stopped going to his house.

Tiffany also testified that, on one occasion, when she was twelve or thirteen, appellant sexually abused her at her house. Tiffany had asked her mother for a lock for her bedroom door, but her mother did not have the money for a lock. Appellant agreed to purchase a lock and put it on Tiffany's door, but he told her that "the only way [she] would have a lock is if he could have a key." On one weekend, appellant, along with other extended family members, spent the night at Tiffany's house. He unlocked her bedroom door with his key and started looking through some of his bags, which he had placed at the foot of Tiffany's bed. Tiffany and two of her cousins-Quincy and Alice-were asleep in her bed. Appellant then came over to the bed, moved the blanket off of Tiffany, pulled her underwear down, and touched her vagina. Tiffany started moving around a lot in the bed, and appellant walked out of the room.

Tiffany stated that she did not tell anyone about the abuse because appellant had told her not to tell anyone, she was scared that no one would believe her, and she thought that the disclosure of the abuse would hurt her mother, who was very close to appellant. Eventually, she told her cousin, Rebecca, "because [she] was tired of going through it," but she told Rebecca not *565to tell anyone, and the abuse continued.5 Tiffany also stated that she did not tell her mother what was happening, but she did start trying to make excuses not to go over to appellant's house, such as stating that she wanted to spend more time with her cousins on the weekend. Appellant rarely allowed Tiffany's cousins to come to his house while she was there, telling her that "he doesn't need all those kids in his house while [she is] trying to clean." As a result, it was usually just Tiffany and appellant alone at his house.

Around the middle of Tiffany's seventh-grade school year, Rebecca told her mother about the abuse. Rebecca's mother called Lauren, Tiffany's mother, and asked to have a meeting, and the four of them-Tiffany, Lauren, Rebecca, and Rebecca's mother-met at Tiffany's house and Lauren was made aware of the abuse. Lauren immediately called the police. Tiffany spoke with police officers, and she also had a medical exam and participated in a forensic interview. Tiffany agreed with the State that she told the forensic interviewer "what [she] just told us today [at trial]."

On cross-examination, defense counsel asked Tiffany about her forensic interview. They had the following exchange:

Q. And at that time, whenever you were in the interviews-in the interview, did the interviewer make you feel comfortable enough to talk to her?
A. Yes, ma'am.
Q. And did you tell her as much information as you could about what occurred?
A. Yes, ma'am.
Q. Did you tell her everything that occurred?
A. Yes, ma'am.
Q. So when you talked to her, you didn't leave anything out?
A. No, ma'am.
Q. Now, when you-do you recall your conversation with her?
A. Yes, ma'am. I just-I told her everything that happened.
Q. Okay.

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Cite This Page — Counsel Stack

Bluebook (online)
574 S.W.3d 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prince-v-state-texapp-2019.