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eBook details

• Title: Miguel Montoya v. State Texas
• Author : Supreme Court Of Utah
• Release Date : January 26, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Miguel Montoya appeals his jury conviction for the aggravated sexual assault of Lora Brooks, a child younger than fourteen years old. The jury assessed punishment at ninety-nine years confinement in the state penitentiary. Montoya brings fourteen points of error on appeal. In two points of error, he contends that the evidence is insufficient because of fatal variances between the indictment and the proof at trial. In the remaining twelve points of error, he contends that the trial court erred because (1) it did not effectively amend the indictment to allege the proper complainant, (2) it allowed testimony of Loras outcry statement, (3) it overruled his motion for new trial based on the States presentation of extraneous offense evidence, (4) it overruled his objection to the mothers testimony and (5) the States final argument about the extraneous offense, (6) it overruled his hearsay and bolstering objections to a police detectives testimony about what Lora told him, and (7) it did not limit the definition of knowingly and intentionally to the result of the acts in the jury charge. We sustain Montoyas second point of error contending that the trial court did not effectively amend the indictment to allege the proper complainant. We reverse the trial courts judgment and remand this cause for a new trial.

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