RHEA v. STATE

No. 6-84-112-CR.

705 S.W.2d 165 (1985)

Howard Edwin RHEA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

November 19, 1985.


Attorney(s) appearing for the Case

Damon Young, Young, Patton & Folsom, Texarkana, Ark., Jack Herrington, Clarksville, for appellant.

Thomas H. Fowler, Co. Atty. of Red River County, Clarksville, for appellee.


BLEIL, Justice.

Howard Rhea appeals his conviction of the aggravated sexual assault of his two-year-old daughter. He complains that the child's videotaped statement should not have been admitted in evidence, raising the pivotal issue of whether the child was a competent witness. Because we conclude that the child was not a competent witness, admission of her videotaped statement violated Tex.Code Crim.Proc.Ann. art. 38.071 (Vernon Supp.1985). Therefore, we reverse...

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