SMITH v. STATE

No. 04-12-00213-CR.

397 S.W.3d 765 (2013)

Justin Wade SMITH, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

February 27, 2013.


Attorney(s) appearing for the Case

David J. Eveld , Knobles, Raetzch, Moore & Eveld, L.L.P., Seguin, TX, James E. Mihan , The Law Office of James Millan, San Antonio, TX, for Appellant.

Michael A. Mark , Guadalupe County Assistant District Attorney, Seguin, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, SANDEE BRYAN MARION, Justice, REBECA C. MARTINEZ, Justice.


OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

Justin Wade Smith, appellant, was convicted by a jury of continuous sexual abuse of a child, R.W., and sentenced to forty years' confinement. He appeals and argues: (1) the evidence proving the second incident of abuse against R.W. occurred thirty days or more after the first incident was insufficient, (2) the evidence proving R.W. was younger than fourteen years of age on the date of the second incident...

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