Court of Criminal Appeals of Texas

Charles Eugene Martinez, Appellant v. the State of Texas

November 2, 20052005 Tex. Crim. App. LEXIS 1865

Summary

The Court of Criminal Appeals of Texas held that the trial judge erred in admitting the victim’s out‑of‑court statements to her mother under both Article 38.072 and Article 38.07, finding the testimony inadmissible. Accordingly, the Court reversed the Court of Appeals' judgment and remanded for a harmless‑error analysis.