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MITCHELL v. STATE

Nos. 01-04-00853-CR, 01-04-00854-CR.

238 S.W.3d 405 (2006)

Murphy James MITCHELL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Refused August 22, 2007.

Attorney(s) appearing for the Case

James Ducote, League City, TX, for Appellant.

Kurt Sistrunk, Criminal District Attorney, Galveston County, Galveston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.

OPINION

SHERRY RADACK, Chief Justice.

A jury convicted appellant, Murphy James Mitchell, of two charges of aggravated sexual assault of a child and assessed punishment at 80 years' confinement on each charge. In three points of error, appellant contends the trial court erred by (1) admitting the videotaped testimony of the child complainant, (2) finding that the child complainant was unavailable to testify, and (3) allowing any testimony by the child complainant...

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