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GARZA v. STATE

No. 3-90-281-CR.

828 S.W.2d 432 (1992)

Ruben GARZA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Discretionary Review Refused April 22, 1992.

Attorney(s) appearing for the Case

Michael E. Etchison, Austin, for appellant.

Carl Bryan Case, Jr., Asst. Dist. Atty., Austin, for appellee.

Before POWERS, JONES and BEA ANN SMITH, JJ.

BEA ANN SMITH, Justice.

Ruben Garza appeals his conviction on two counts of aggravated sexual assault of a child, Tex.Penal Code Ann. § 22.021 (1989), charges to which he pled not guilty. He brings forward two points of error: (1) that the admission into evidence of the child's "outcry" statement violated appellant's constitutional rights of confrontation and due process of law; and (2) that the child's "outcry" statement pertained to an inadmissible extraneous...

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