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 Texas Court of Criminal Appeals affirmed Rodriguez's conviction, holding 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 all elements of the offense beyond a reasonable doubt. The Court noted that the appellate court must view all evidence in the light most favorable to the verdict. Justice Overstreet dissented, arguing the evidence was insufficient and the acquittal should stand.