Court of Criminal Appeals of Texas

Joseph Rodriguez, Appellant v. the State of Texas, Appellee

December 4, 19911991 Tex. Crim. App. LEXIS 265

Summary

The Court of Criminal Appeals of Texas affirmed the conviction, reforming the lower appellate judgment that had ordered an acquittal. It held that even improperly admitted outcry testimony under Art. 38.072 must be considered as substantive evidence in a sufficiency review, and that a rational trier of fact could find guilt beyond a reasonable doubt based on that testimony and the victim's testimony. Justice Overstreet dissented, arguing the evidence was insufficient.